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STATE OF NORTH CAROLINA 

SIXTH REPORT 

OF THE 

UTILITIES COMMISSION 

FOR THE 

BIENNIAL PERIOD, 1945-1946 



NORTH CAROLINA UTILITIES COMMISSION 

Stanley Winborne, Chairman 
Fred C. Hunter Robert Grady Johnson 

Charles Z. Flack, Chief Clerk 

Elsie G. Riddick, Assistant Chief Clerk 

Edgar Womble, Rate Analyst 

Joe Homer Mullen, Assistant Rate Analyst 

Mary Shaw, Motor Carrier Clerk 

H. M. Nicholson, Director of Traffic 

F. A. Downing, Assistant Director of Traffic 

Ralph E. Davenport, Associate Rate Specialist 

Reporters 

Rebecca Stevens 
Clara Belle Taylor 

Secretaries 

Sophia P. Busbee 

Elizabeth Hayes 

Annie S. Ramsey 
Margaret M. Best 
Catherine E. Hall 

Grace Grantham 

Motor Vehicle Inspectors 

John T. Armstrong, Supervisor 

J. C. Bowman 

Homer W. Brookshire 

Broadus Glover 

J. Neely Kincatd 

J. W. Smith 

C. B. Wade 



LETTER OF TRANSMITTAL 

December 1, 1946 

His Excellency^ R. Gregg Cherry, 
Governor of North Carolina^ 
Raleigh, N, C. 

Sir: 

As required by Section 1065, Chapter 21, Consolidated Statutes, there is submitted 
herewith report of the North Carolina Utilities Commission for the biennium October 
1, 1944, to December 1, 1946. 

Respectfully submitted, 

Stanley Winborne, Chairman. 
Fred C. Hunter, Commissioner. 
Robert Grady Johnson, Commissioner. 



Chas. Z. Flack, Chief Clerk. 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/reportofutilitie1946nort 



GENERAL ORDERS 

North Carolina Utilities Commission 
Raleigh, North Carolina 

SUBJECT: INTERSTATE MOTOR VEHICLE CARRIERS 

Interstate motor vehicle carriers operating under authority of the Interstate Com- 
merce Commission and not holding intrastate franchise certificates issued by this 
Commission will no longer be required to register their equipment with the Utilities 
Commission and will not be required to file insurance with the Commission covering 
the same. 

The procedure in the future will be to require such carriers to file their interstate 
authority with this Commission, and such carriers will then be classified according to 
their interstate authority as common carriers or contract carriers and the facts certi- 
fied to the Commissioner of Motor Vehicles for such license tags as he may determine. 
The fact certified should be the following and in substantially the following form: 

Mr. T. BoDDiE Ward 

Commissioner of Motor Vehicles 
Raleigh, North Carolina 

In Re: 

Dear Sir; 

This certifies that a copy of the interstate authority of the above-named motor 
vehicle carrier has been filed with the UtiUties Coramission and said carrier has been 
classified by the Conomission as a duly authorized interstate (contract carrier, as the 
case may be) carrier of freight by motor vehicle, and is entitled to such license tags 
as the Commissioner of Motor Vehicles may determine. 

Yours very truly, 

N. C. UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
This 26th day of January 1945. 

REVISION OF MOTOR CARRIER 

FRANCHISE CERTIFICATES 

The Commission has given consideration to the form and substance of existing 
franchise certificates, the cause of delay and errors in keeping its records currently 
correct and in order. Many certificates contain highway numbers that have since 
been changed, indefinite descriptions, and descriptions that do not correspond with 
present actual operations. Some carriers lose their certificates and others neglect to 
send their certificates to the Commission for the addition of new rights, notation of 
purchases, sales, leases, agreements, liens, and other matters. As a check against the 
Commission's records and for the purpose of making corrections that should be made, 
it is believed that each carrier should describe accurately and definitely its franchise 
routes, according to the latest State Highway Map and according to its actual present 
operation, in an exhibit to be attached to its certificate. It should also note in ex- 
hibits all leases, operating agreements, liens, and other records affecting its operating 



6 N. C. Utilities Commission 

rights. It is also believed that the Commission should retain the original certificate 
so that the records above mentioned may be entered on it as they occur. 

It is, therefore, ordered that the attached form for franchise certificates be, 
and the same is hereby, adopted for future use and that the original be retained at all 
times by the Commission and certified copies thereof mailed to the owner upon re- 
quest. 

This 11th day of February, 1946. 

Attest: 

Chas. Z. Flack, Chief Clerk 



N. C. UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 



NORTH CAROLINA UTILITIES COMMISSION 

RALEIGH, NORTH CAROLINA 
MOTOR CARRIER FRANCHISE CERTIFICATE 

Class Certificate No 

Know all men by these presents. That 
Name of Carrier 

Address 

has complied with all the provisions of Chapter 62, General Statutes of North Caro- 
lina, and amendments thereto, and has been granted authority by order of the North 
Carolina Utilities Commission to operate as a motor vehicle carrier of passengers 
and /or property in intrastate commerce, as set out in the exhibits hereto attached 
and made a part hereof, subject to such terms, conditions, and hmitations as are now, 
or may hereafter be, lawfully made. 
This day of , 19 

NORTH CAROLINA UTILITIES COMMISSION 

(SEAL) BY: . 

Note: Exhibit A describes (1) the type of service authorized and (2) the specific 
highways over which, or the area within which, the carrier is permitted to operate on 
date of above certificate. Exhibit A-1 describes rights granted, purchased, sold, or 
vacated, if any, subsequent to date of certificate. Exhibit B is a memorandum of all 
leases or operating agreements, if any, affecting the certificate or rights granted. 
Exhibit C is a memorandum of all liens, if any, on the rights granted. 

Motor carrier franchise certificates automatically expire three years from the date 
thereof with the right of renewal, as provided in G. S. 62-106 and 62-116. 

A valid sale, transfer, assignment, or pledge of a franchise certificate requires the 
written consent of the Commission. G. S. 62-107. 

TO ALL APPLICANTS FOR MOTOR CARRIER FRANCHISE 
CERTIFICATES 

NOTICE is hereby given that the Commission has discontinued the practice of 
preparing notices which applicants are required to publish in newspapers. 



General Orders 7 

Before filing an application with the Commission, the appHcant should carefully 
read the instructions on the back of the application blank and file the information 
required and in the form required. The application, when filed, will be set for hearing 
at the earliest convenient time, and the applicant will be notified of the time and place 
of the hearing. Immediately upon receipt of such notice, the applicant should pub- 
lish at least one time, in any newspaper of general circulation in the territory to be 
served, a notice of the appUcation and the time and place of the hearing in substan- 
tially the following form: ♦ 

NOTICE OF APPLICATION FOR MOTOR CARRIER 
FRANCHISE CERTIFICATE. DOCKET NO 

Notice is hereby given that {here give the full name and address of the applicant) 
has made application to the North Carolina Utilities Commission for a franchise 
certificate to transport (here state what is to be transported, as passengers or prop- 
erty, or the classes of passengers or property, as set out in the application filed with the 
Commission) over the following highways and between the following points: 
(here describe the highways clearly and according to the latest State Highway Map, 
giving the principal towns along the route); that the Commission has set said ap- 
plication for hearing at o'clock M., on the day of , 19 , 

at , in the city of 

This notice should be dated and signed by the apphcant and given to the news- 
paper for publication. The applicant should also immediately mail a copy of the 
notice to each carrier of passengers or property, as the case may be, operating over 
any portion of the highways described, or operating to points on the highways de- 
scribed in the application. 

The applicant should see that an affidavit of pubHcation by the newspaper is 
mailed to the Commission immediately after the publication. Notice of an applica- 
tion that is published within ten days of the date of the hearing does not comply with 
the law and will not be accepted by the Commission as a legal notice. 

In the event notice of an application is once published and the hearing thereafter 
postponed, it is not necessary to publish the notice again. 

Issued by order of the Commission. 
This 12th day of February, 1946. 

N. C. UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Chas. Z. Flack, Chief Clerk, 

IN THE MATTER OF PAYMENT OF FEES 

Whereas, parties to proceedings before the Commission frequently order one or 
more transcripts of testimony or other documents which require preparation, and, 
upon receipt thereof, neglect and sometimes refuse to pay for same, necessitating 
repeated correspondence in an effort to make collection of the cost incurred, with 
ultimate failure in some cases; 

It Is, Therefore, Ordered: 

1. That from and after the date hereof, transcripts of testimony or other docu- 
ments ordered in writing at the time of the hearing shall be transmitted to the party 



8 N. C. Utilities Commission 

ordering the same, together with a copy of this order, by registered mail with a post 
office return receipt requested. 

2. That on failure of such party to remit in full within 10 days from receipt thereof, 
as shown by the post office return receipt, its application, petition, protest, or other 
pleadings, as the case may be, may be summarily dismissed, without prejudice to any 
rights the Commission may have to collect its lawful fees and expenses incurred. 

By Order of the N. C. Utilities Commission. 

This 7th day of February, 1946. 

N. C. UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Chas. Z. Flack, Chiej Clerk. 

IN THE MATTER OF OPA NOTIFICATION ON PROPOSED RATE 

INCREASES 

Order 

The Commission being in accord with the general purpose of the act of Congress 
in preventing undue rate increases through the Office of Price Administration the 
Commission is of the opinion that all possible safeguards should be supplied in sup- 
port of the Government's efforts to prevent undue inflation and that it is in the pub- 
lic interest that this Commission cooperate with the OPA: therefore, 

It Is Ordered, That during the effective period of the United States Congress 
Created Office of Price Administration, any public utility under the jurisdiction of 
this Commission petitioning this Commission for a rate or charge increase must sub- 
mit data showing that the OPA has been properly notified; and where schedule car- 
rying a rate increase is filed said schedule shall bear the notation: "OPA has been 
notified of this proposal." Hearings upon all such applications will be set for a time 
not earlier than thirty days from date of fifing and the Office of Price Administration 
may intervene in all such cases. 



This the 15th day of March, 1945. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Attest: 

Charles Z. Flack, ChieJ Clerk. 
Docket No. 328. 

RULES FOR THE OPERATION OF BUS STATIONS 

IN THE MATTER OF Rule 2 relating to the operation of union bus stations, 
estabhshed under order of June 12, 1925, as amended June 6, 1939, and amendments 
thereto, issued under authority of Chapter 136, PubUc Laws of 1927, and amend- 
ments thereto, and made effective from and after 12:01 o'clock a.m., FEBRUARY 
22, 1940. 

Order Amending Rule 2(1) 

Rule 2 of the Rules for the Operation of Union Bus Stations, established under 
order of June 12, 1925, as amended June 6, 1939, and amendments thereto, issued 
under authority of Chapter 136, Public Laws of 1927, and amendments thereto, and 
adopted by the Commission effective from and after 12:01 o'clock a. m., February 



General Orders 9 

22, 1940, is hereby ordered repealed and stricken out, and in lieu thereof the follow- 
ing substituted: 

Rule 2(1). All plans for new, reconditioned or remodelled bus station buildings 
and premises shall be submitted to the Commission for approval. 

This order shall be in full force and effect from and after the 1st day of Octoberj 
1946. 



This 26th day of September, 1946. 



Attest: 
Charles Z. Flack, Chief Clerk. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



WAR EMERGENCY FRANCHISE RIGHTS CONTINGENT UPON THE 

CLOSE OF THE WAR 

Having under consideration the general confusion with respect to the date when 
World War II closed and the termination of motor vehicle franchise rights limited to 
the duration of the war and six months thereafter, or for the duration of the war and 
until six months after the declaration of peace, the Commission, under date of No- 
vember 23, 1945, in Motor Vehicle Circular No. 84, fixed September 2, 1945, the date 
of the formal surrender of Japan, as the close of the war, and six months thereafter, 
or March 2, 1946, as the termination of all war emergency franchise rights. It now 
appears that the anticipated return of peacetime production has not materialized and 
that the emergency which necessitated the granting of operating rights to terminate 
six months after the close of the war, or six months after the declaration of peace, 
still exists, and will probably continue to exist until buses, trucks, automobiles, tires, 
and parts become generally available for the use of carriers and the public. 

It Is, Therefore, Ordered: 

1. That all war emergency rights issued by the Commission limited to the duration 
of the war and six months thereafter, or for the duration of the war and until six 
months after the declaration of peace, or for any other period contingent upon the 
close of the war, be continued in full force and effect until April 1, 1947, and that all 
franchise certificates containing such war emergency rights be amended accordingly. 

2. That all war emergency rights, limited as aforesaid, which were granted after 
public notice in a newspaper and after a public hearing, as provided in G. S. 62-105, 
shall be subject to renewal on April 1, 1947, ias provided in G. S. 62-116. 

3. That war emergency rights granted without publication of notice, or without a 
public hearing before the Commission, shall cease and determine on April 1, 1947, 
without prejudice to the right of the holder to show public convenience and necessity 
therefor in a public hearing before the Commission upon application and after pub- 
lication of notice, as required by law. 

4. That any party claiming to be affected by any renewal of war emergency rights, 
as herein provided, shall file with the Commission on or before March 1, 1947, a writ- 
ten protest alleging specifically and fully the way and manner in which the particular 
renewal objected to will affect the protestant, which protest shall show that a copy 
thereof has been mailed or delivered to the adverse party. 



10 N. C. Utilities Commission 

5. That this order supersedes Motor Vehicle Circular No. 84 issued November 23, 
1945. 

By Order of the N. C. Utihties Commission. 
This the 7th day of February, 1946. 

N. C. UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
A^ttest: 

Charles Z. Flack, Chief Clerk. 
Docket No. 3511 

MVC CIRCULARS 

M. V. C. Circular No. 82. 

CLASSIFICATION OF MOTOR VEHICLE CARRIERS 
Order 

This matter having been heard by the Commission, upon due notice to the various 
carriers of freight operating within the State, on the 19th day of December, 1944, and 
upon a full consideration of all the suggestions and objections advanced by the va- 
rious carriers appearing before the Commission, the Commission has to some extent 
amended the suggested order of classification and hereby renders its final order of 
classification as follows : 

To the end that the mandates of the Motor Vehicle Carrier Act, G. S. 62-103 et seq.^ 
C. S. 2613(j) et seq., may be carried out and all motor vehicle carriers of property for 
compensation classified and regulated accordingly, attention is directed to the fol- 
lowing excerpts of the Act, and to the Commission's classification of carriers there- 
under: 

PERTINENT SECTIONS OF THE ACT 

G. S. 62-103. Definitions. In all matters relating to the administration of 
this article, whenever and wherever the following terms are used, they shall be 
construed and defined as follows: 

(f) The term "certificate" means the franchise certificate, granting authority 
to a motor vehicle carrier to operate motor vehicle service over a specific route, 

(k) The term "motor vehicle carrier" means every corporation or person, as 
the term "corporation" and the term "person" are hereinbefore defined, or their 
lessees, trustees, or receivers owning, controlling, operating, or managing any 
motor vehicle used in the business of transporting persons or property for com- 
pensation between cities, or between towns, or between cities and towns, or over 
a regular route, over the public highways of the State, as public highways are 
defined herein. 

(o) The term "public highway" means every street, road, or highway in this 
State, whether within or without the corporate limits of any municipality. 

(p) The term "between fixed termini or over a regular route" means the ter- 
mini or route, respectively, between or over which any motor vehicle carrier 
usually or ordinarily operates any motor vehicle, even though there may be 
periodical or irregular departures from such termini or route. 

(t) The term "restricted common carrier by motor vehicle" means any person 
not included in the definition "common carrier by motor vehicle" who or which 
undertakes, whether directly or by lease or other arrangement, to transport pas- 
sengers or property restricted to any class or classes of passengers or to any class, 



General Orders 11 

kind or commodity or property by motor vehicle for compensation whether over 
regular or irregular routes, . . . 

G. S. 62-104. To whom Applicable. No corporation or person, their lessees, 
trustees, or receivers, shall operate over the pubUc highways in this State any 
motor vehicle or motor vehicle with trailer, as hereinbefore defined as a motor 
vehicle carrier, for the transportation of persons or property between cities, or 
between towns, or between cities and towns, or over a regular route, for com- 
pensation, except in accordance with the provisions of this article, and said oper- 
ation shall be subject to control, supervision, and regulation by the Commission 
in the manner provided by this article: . . . 

G. S. 62-105. Application For Franchise Certificate. Every corporation or 
person, their lessees, trustees, or receivers, before operating any motor vehicle 
upon the public highways of the State for the transportation of persons or prop- 
erty for compensation, within the purview of this article, shall apply to the Com- 
mission and obtain a franchise certificate authorizing such operation. . . . 

(j) Franchise certificates may be granted to restricted common carriers as 
defined herein for any period in the discretion of the commission not to exceed 
three years. 

G. S. 62-106. Franchise Certificates. Upon granting a franchise under this 
article the Commission shall issue to such applicant a franchise certificate which 
shall expire automatically three years from the date thereof and shall contain 
the following matters: 

(b) The public highway or highways over which, and the fixed termini be- 
tween which the grantee is permitted to operate. 

G. S. 62-109. Regulatory Powers of Commission. The Commission is hereby 
vested with power and authority to supervise and regulate every motor vehicle 
carrier under this article; to make or approve the rates, fares, charges, classifica- 
tions, rules and regulations for service and safety of operation . . . ; to regulate the 
accounts and to require the filing of annual and other reports and of other data by 
such motor carriers; to require the increase of equipment capacity to meet public 
convenience and necessity, and to supervise and regulate motor vehicle carriers 
in all other matters affecting the relationship between such carriers and the 
traveling and shipping public. The Commission shall have power and authority, 
by general order or otherwise, to prescribe rules and regulations applicable to 
any and all motor vehicle carriers, and the said Commission is authorized, di- 
rected and empowered, whenever the public convenience and necessity may re- 
quire, to increase, or decrease, or suspend temporarily the service upon any 
route, for which a franchise certificate has been issued; and is hereby authorized, 
empowered, and directed to see that such rules and regulations and all, and sin- 
gularly, the provisions of this article are enforced. . . . 

G. S. 62-110. Violations Investigated; Hearing; Revocation of License. The 
Commission shall, at any time, upon complaint, or upon its own motion, that 
any operator transporting persons or property by a motor vehicle, licensed under 
the provisions of this or any other Act by the State of North Carolina, is engaged 
in violating the provisions of this article or any rules or regulations prescribed 
by the Commission or violating any of the laws of the State with respect to the 
rights, duties, and the privileges of motor vehicle carriers for the transportation 
of either persons or property on franchise certificate issued under the provisions 
of this article, cause an order to be issued directing the owner of the motor ve- 
hicle alleged to be engaged in any of the acts specified to appear before the Com- 
mission at a fixed time and place, at which time the Commission shall investi- 



12 N. C. Utilities Commission 

gate the complaint made; and if the Commission shall be satisfied after such hear- 
ing that the said motor vehicle carrier has been engaged in practice or practices 
violating the terms of his franchise or the rules and regulations for the enforce- 
ment thereof, or, if not a franchise carrier, has been invading the prerogatives, 
privileges, or rights of a duly licensed franchise carrier by operating on the route 
of a common carrier, by soliciting or transporting passengers or property at 
lower than approved rates for the common carrier, or without a bona fide con- 
tract, the Commission shall issue an order requiring the suspension of such prac- 
tice or practices conditioned upon the revocation of the motor vehicle license of 
the offending party if he shall fail within the time specified by the Commission 
to desist from such offending practice or practices; . . . 

It is obviously the purpose of the act to place all motor vehicle carriers of property 
for compensation between cities and towns, or over a regular route, under the super- 
vision and regulation of the Commission, leaving details to be worked out by the 
Commission as the interests of carriers and the public may require. Sections 62- 
103(t), 62-105(j) and 62-110, above set out, were made part of the act by amend- 
ments in 1937 and indicate a purpose to distinguish between (1) General Franchise 
Carriers, (2) Restricted Franchise Carriers, and (3) Contract Carriers, or carriers not 
operating under franchise certificates. 

Classification Of Carriers 

For a better understanding among carriers as to their respective rights and privi- 
leges, and for more effective and efficient administration and regulation, the three 
classes of carriers above named are further classified and distinguished as follows: 

1. A General Franchise Carrier 

(a) Operates over a fixed route and between fixed points. 

(b) Transports general commodities, but may except such commodities as 
require special equipment or special facilities for handling; for example, unmanu- 
factured tobacco, furniture, gasoline, explosives, etc. 

(c) Holds itself out to serve the public in general. 

(d) Publishes its rates which must be filed with and approved by the Com- 
mission. 

2. A Restricted Franchise Carrier 

(a) Operates over regular or irregular routes or within a given area. 

(b) Transports specified commodities only. 

(c) Holds itself out to serve the public in general in the transportation of the 
specific commodities named. 

(d) Publishes its rates which must be filed with and approved by the Com- 
mission. 

3. A Contract Carrier 

(a) Selects its own route for each shipment unless a particular route is stipu- 
lated in its contract with the shipper. 

(b) Transports only the specific commodities named in its contract with the 
shipper. 

(c) Serves individual shippers only, and then only under prearranged, bilat- 
eral contracts with said shippers. 

(d) Fixes its rates by contract with the shipper. When transporting commod- 
ities of the kind transported by a franchise carrier over the same route and between 



General Orders 13 

the same points, the rate approved for the franchise carrier appHes, as a minimum 
rate, unless a lower rate is approved by the Commission. 

The contract between a contract carrier and a shipper means something different 
from the contract between a franchise carrier and a shipper. The law fixes the terms 
of the franchise carrier's undertaking, and the shipper may avail himself of the service 
offered at will, or not at all. The shipper makes no express agreement on his part. 
He merely accepts the continuing offer made to the pubUc, the terms of which he 
cannot change by contract. The contract between a contract carrier and a shipper is 
an individual contract between the parties, as much so as a contract for the purchase 
of a truck, and one in which both parties are bound to fulfill obligations toward each 
other. The relationship must be under contracts or agreements (1) which must be in 
writing, (2) which must provide for transportation for a particular shipper or ship- 
pers, (3) which must be bilateral and impose specific obligations upon both carrier 
and shipper or shippers, (4) which must cover a series of shipments during a stated 
period of time in contrast to contracts of carriage covering individual shipments, (5) 
and copies of which must be preserved by the carriers thereto so long as the contracts 
or agreements are in force and for at least one year thereafter. Unless these require- 
ments appear and govern the relation between the carrier and the shipper, the carrier 
is performing a transportation service for which a franchise certificate is required by 
law. 

It is contrary to the act for a carrier to operate both as a franchise carrier and as a 
contract carrier over the same routes or within the same area. 

The Commission will insist upon observance of the classifications of carriers, as 
above set out, and to the extent necessary to enforce the same will exercise all powers 
conferred upon it by law. 

It Is, Therefore, Ordered, That the foregoing order of classifications shall be- 
come effective on and after February 15, 1945. 

This 30th day of January, 1945. g^^^^^^ Winborne, Chmrrmn 

Fred C. Hunter, Commissioner 
A++gg+. R. G. Johnson, Commissioner. 

Chas. Z. Flack, Chief Clerk. 
Docket No. 3212. 



CLASSIFICATION OF MOTOR VEHICLE CARRIERS 
Order Amending Order Issued On January 30, 1945 

Under date of January 30, 1945, the Commission issued Motor Vehicle Circular 
No. 82 classifying motor vehicle carriers of property for compensation into three gen- 
eral classes: (1) general franchise carriers (2) restricted franchise carriers and (3) con- 
tract carriers. One of the distinguishing characteristics of a contract carrier, as set 
out in said order, is as follows: 

(d) Fixes its rates by contract with the shipper. When transporting commod- 
ities of the kind transported by a franchise carrier over the same route and 
between the same points, the rate approved for the franchise carrier applies, 
as a minimum rate, unless a lower rate is approved by the Commission. 

Contentions have arisen as to the rates and charges a contract carrier may law- 
fully make by agreement with shippers, which often includes special services not re- 
quired of, or performed by, common carriers, such as crating, uncrating, installation of 
machinery, placing goods on shelves, etc. Then, too, the statute relating to rates 



14 N. C. Utilities Commission 

and charges for contract carriers does not appear to be susceptible of general appli- 
cation to the wide variety of contract carrier service, and until the Legislature gives 
more exphcit direction in the matter, it is believed advisable to leave the rates and 
charges of contract carriers to the contracting parties, subject to the right of the Com- 
mission to require uniform rates and charges for certain carriers whose services are 
uniform and in the nature of a common carrier service, such as petroleum carriers, 
carriers of unmanufactured tobacco, and others employed in similar operations, with 
the further right to hear and act upon complaints in other individual cases. 

It Is, Therefore, Ordered that the above-quoted paragraph be stricken from 
Motor Vehicle Circular No. 82, dated January 30, 1945, and that the following para- 
graph be inserted in lieu thereof: 

(d) Fixes its rates and charges by contract with the shipper, subject to the right 
of the Commission to require uniform rates and charges for certain uniform 
types of service, and to hear and act upon complaints in other individual 
cases affecting the public interest. 

It Is Further Ordered that the provisions of Motor Vehicle Circular No. 82 
requiring contracts between contract carriers and shippers to be in writing be sus- 
pended pending action of the Legislature, pursuant to House Resolution adopted at 
the 1945 Session of the General Assembly, or until further notice from the Commis- 
sion. 

This the 10th day of August, 1945. Stanley Winborne, Chairwxxn 

Fred C. Hunter, Commissioner 
. , , , , R. G. Johnson, Commissioner. 

Chas. Z. Flack, Chief Clerk. 
Docket No. 3212 

M. V. C. Circular No. 83. 
OPERATION OF TRACTOR-TRAILER EQUIPMENT, AND OVERLOADING 

OF BUSES 

Order 

The Commission having under consideration the practice of using tractor-trailer 
equipment in the transportation of passengers, and the safely, comfort, and con- 
venience of such equipment, and also having under consideration the prevailing 
practice of the over-loading of buses to the extent that drivers do not have sufficient 
room, or sufficient view, to properly guard against accidents, and the Commission 
being of the opinion that the war emergency has sufficiently passed that it is no longer 
necessary to use tractor-trailer buses, or to load buses beyond the point of safety. 

It Is, Therefore, Ordered; 

1. That all franchise passenger carriers discontinue the use of tractor- trailer buses 
in the transportation of passengers on and after the 15th day of October, 1945, ex- 
cept in local operations not exceeding a distance of twenty-five miles, and then only 
when standard approved buses cannot be obtained. 

2. That all passenger franchise carriers show cause in writing on or before the first 
day of November, 1945, if cause they have, why the Commission should not on said 
date issue an order Umiting the load on any bus to not more than 50 per cent over the 
seating capacity of the bus. 

Issued by order of the Commission. 

This the 4th day of October, 1945. ^^ ^ UTILITIES COMMISSION 

Charles Z. Flack, Chief Clerk. 



General Orders 15 

M. V. C. No. 84. 

FRANCHISE RIGHTS LIMITED TO THE DURATION OF THE WAR AND 
SIX MONTHS THEREAFTER 

Whereas, certain war emergency franchise rights have been granted for the dura- 
tion of the war and six months thereafter, or in other language of the same general 
purport, subject to the statutory hmitation of all franchise rights to three years from 
the date thereafter; and 

Whereas, confusion has arisen as to the duration of the war emergency and as to 
the beginning and termination of the six months period after the close of the war, or 
after the declaration of peace, and the Commission being of the opinion that the war 
closed on the date of the formal surrender of Japan; to wit, September 2, 1945, and 
that all franchise rights granted for an indeterminant period contingent upon the 
close of the war or upon the declaration of peace will terminate on March 2, 1946, 
and that due notice should be given of the Commission's construction of war emergen- 
cy operating rights and termination thereof, to the end that carriers may have op- 
portunity, if they so elect, to show public convenience and necessity for the continua- 
tion of their respective operations as regular carriers, subject to the usual limitation 
of three years, as provided in G. S. 62-106. 

All Carriers Will Therefore Take Notice : 

1. That all franchise rights granted for the duration of the war and six months 
thereafter, or for the duration of the war and for an additional six months after the 
declaration of peace, or in any other language containing a limitation of six months 
after the war or after the declaration of peace, will be deemed to cease and determine 
on March 2, 1946, notwithstanding any renewal thereof that may have been granted 
by reason of a prior expiration date under the provisions of G. S. 62-106 and 62-116. 

2. That all carriers holding operating rights contingent upon the close of the war, or 
upon the declaration of peace, or otherwise limited to any six-month period after the 
war or after the declaration of peace, desiring to continue operations after March 2, 
1946, may file applications for certificates of public convenience and necessity on 
blanks furnished by the Commission, to the end that the public demand and need 
for their respective services may be determined and operating rights granted or denied, 
according to the facts presented. 

Issued by order of the Commission. 
This the 23rd day of November, 1945. 

N. C. UTILITIES COMMISSION 
Charles Z. Flack, Chiej Clerk, 

M. V. C. No. 85. 

NOTICE TO FRANCHISE BUS CARRIERS, FRANCHISE HAULER VE- 
HICLES AND CONTRACT HAULER VEHICLES 

SUBJECT: MARKING OF VEHICLES TO COMPLY WITH THE GENERAL 
STATUTES OF NORTH CAROLINA. SECTION 20-101 PROVIDES AS 
FOLLOWS: 

"Vehicles to be marked. — All motor vehicles licensed as franchise bus carriers, 
franchise hauler vehicles and contract hauler vehicles, shall have printed on the side 
thereof in letters not less than three inches in height the name and home address of 
the owner, or such other indentification as the utilities commissioner may approve. 
(1937, c. 407, s. 65). 



16 N. C. Utilities Commission 

It has been observed throughout the state of North Carolina that a good many of 
the above who, under the law, should have their motor vehicles marked showing the 
name of the owner and the address, have not been complying with this statute. 
Some of this, unquestionably, has been due to the inabiUty to secure paint and labor. 
The situation has now eased up so that the Commission is issuing this notice to all to 
whom it applies and come within the above, to have all of their motor vehicles prop- 
erly marked or painted not later than November 18. 

If any vehicles after this date are found operating that should be marked or painted 
in accordance with this section of the General Statutes it will be necessary for the 
inspectors to have them parked and not allowed on the highways until they comply 
with the above law. 

Issued by Order of the Commission. 

This 16th day of October, 1945. 

John T. Armstrong, Supervising Inspector. 

M. V. C. No. 86. 

NOTICE TO FRANCHISE BUS CARRIERS 

SUBJECT: REDEMPTION OF BUS TICKETS TO COMPLY WITH RULE 
19 OF "RULES FOR THE OPERATIONS OF UNION BUS STATIONS." 

"Redemption of tickets. — All tickets when sold shall have the date of sale stamped 
thereon. Tickets when sold shall be redeemable for transportation when presented 
to driver on a bus, or shall be redeemable at their sale price in money by the company 
or its agent within twelve months after the sale date stamped thereon; if no date is 
stamped thereon at time of sale, such tickets shall be redeemable upon presentation 
at any time; provided, that where tickets have been sold and baggage checked for 
transportation, the carrier may deduct, at time of redemption, the usual amount, to 
reimburse it for baggage transfer." 

The Commission has had numerous complaints from passengers who purchased 
tickets and were unable to get on the bus, stating that the bus company ticket agents 
failed to redeem the ticket, or tickets, at that time. The Commissioners have ruled 
as follows: 

When a ticket is sold the passenger shall have the right to determine whether or 
not he will ride as a "standee." If he cannot get a seat he will have the right to have 
the money paid for his ticket refunded immediately at the station where the ticket 
was purchased. This ruling, therefore, makes it compulsory that an agent selling a 
ticket to a passenger refund the price paid for the ticket upon presentation of the 
ticket to the agent, which eliminates the necessity of the purchaser having to forward 
the ticket to the company's main office for redemption. 

Issued by Order of the Commission. 

This 1st day of December, 1945. 

John T. Armstrong, Supervising Inspector. 

M. V. C. No. 87. 

NOTICE TO FRANCHISE BUS CARRIERS 

SUBJECT: SCHEDULES MISSED. 

The North CaroUna Utilities Commissioners in conference April 23, 1946, adopted 
a ruling requiring all bus carriers operating in the state of North CaroHna to furnish 
the Commission with a list of all schedules that are missed during the month. This 



North Carolina State Library 
RaJeigh 

General Orders 17 

report is to be filed between the first and the tenth of each month covering the pre- 
ceding month on all schedules that are filed with the Commission, and should be 
mailed direct to the Raleigh office in the above specified time. 

Issued by Order of the Commission. 

This 23rd day of April 1946. 

Effective May 1, 1946. 

John T. Armstrong, Supervising Inspector. 

M. V. C. No. 88. 
NOTICE TO FRANCHISE BUS CARRIERS 
SUBJECT: CHARTER TRIPS 

The Commissioners in session April 23, 1946, adopted a ruling requiring all bus 
carriers operating in North Carolina and furnishing buses for charter trips originating 
in North Carolina to furnish the Commission each month prior to the 10th, a list of 
all charter trips made for the preceding month. The Hst to show the date of the trip, 
origination, destination, capacity of bus and number of passengers carried. 

The Commission will not furnish blanks for this report, but they can be mailed in 
on regular letterhead size stationery to the Commission in Raleigh, North Carolina, 

Issued by Order of the Commission. 

This 23rd day of April, 1946. 

Effective May 1, 1946. 

John T. Armstrong, Supervising Inspector. 

M. V. C. No. 89. 

NOTICE TO ALL BUS OPERATORS AND BUS STATION OPERATING 
COMPANIES IN NORTH CAROLINA 

SUBJECT: BUS STATION SIGNS 

The Commissioners in session Tuesday, April 30, 1946, adopted a ruling relative 
to signs at or on union bus stations in North CaroUna; to wit: At all union stations, 
or wherever two or more bus companies operate out of the same station, that no 
sign or insignia on the sign shall reflect or show any connection with any or either of 
the bus companies operating from the station, and all signs of this type or nature 
shall be removed on or before July 1. All signs after that date advertising the bus 
station shall only have the words "Union Bus Station" on the sign and no insignia or 
emblem of any individual bus company or corporation. 

Issued by Order of the Commission. 

This 30th day of April, 1946. 

Effective July 1, 1946. 

John T. Armstrong, Supervising Inspector. 

M. V. C. No. 90. 

MEMORANDUM TO ALL FRANCHISE BUS CARRIERS: 

It has been called to the attention of the Commission that some of the bus com- 
panies and a great number of the drivers are of the opinion that the present speed limit 
of 50 miles an hour applies to buses as well as automobiles. This interpretation of the 
present speed limit is incorrect, and the maximum speed limit of all buses is 45 miles 
an hour as set forth in Rule 51 of Rules and Regulations Governing Supervision, Con- 
2 



18 N. C. Utilities Commission 

trol and Operation of Motor Vehicle Carriers and Drivers of Motor Vehicles of Such 
Carriers, issued by the Utilities Commission in 1940. The present law of 50 miles an 
hour does not change or alter any of the various speed limits set by law up to 50 miles 
per hour. Please notify all of your drivers of this speed limit so that they will not be 
violating the law. 

It has been observed by Inspectors that quite a number of the emergency, or hand 
brakes, are not in good order, and this is to advise you to see that they are put in 
working order immediately, as all buses failing to have adequate brakes as defined 
by Section 20-124, Sub-Section C of The Motor Vehicle Laws (1945), will be grounded 
or parked if not complying, 

John T. Armstrong, Supervising Inspector. 
JTA/sm 

June 12, 1946. 

M. V. C. No. 91. 
BULLETIN TO ALL FRANCHISE BUS CARRIERS: 
Gentlemen: 

Sometime ago you were advised that the Commission had not changed Rule 51 
relative to the speed of buses on the highways and that the speed of buses was to be 
held at 45 miles per hour in accordance with the Commission's ruling. 

The Commission has seen fit to change this ruling due to the fact that all passenger 
motor vehicles are operating at 50 miles per hour, and to facilitate an even flow of 
traffic on the highways Rule 51 has been changed to allow buses to operate at the 
maximum speed limit prescribed by law of 50 miles per hour. You may advise your 
drivers of this change. 

The Commission wishes to call to your attention, however, that this does not mean 
55 but a top speed of 50 miles per hour where conditions will permit and where the 
Highway Commission has not placed any restrictions or speed zones on the highway. 

Yours sincerely, 

John T. Armstrong, 

Supervisor of Inspectors. 
July 15, 1946. 

M. V. C. No. 92. 
BULLETIN TO ALL FRANCHISE BUS CARRIERS: 
Gentlemen: 

It has been brought to the attention of the Commission that some of the carriers 
when taking up tickets of passengers, both inter- and intrastate, take up the whole 
ticket and leave with the passenger the stub. If the passenger should transfer to 
another bus fine it is impossible to tell the point of origin, also destination, from the 
stub, and the Commission has ruled that any part of the ticket used as a transfer from 
one line to another or retained by the passenger shall show the point of origin, also 
destination, so that the carrier to which the passenger is transferred may determine 
whether or not the ticket is an interstate or intrastate ticket. 

Yours sincerely, 

John T. Armstrong, 

Supervisor of Inspectors. 
July 1, 1946. 



General Orders 19 

M. V. C. No. 93. 
BULLETIN TO ALL FRANCHISE BUS CARRIERS: 

Gentlemen : 

In the past due to our force being inadequately staffed it has been rather difficult 
to make traffic checks as often as they should be made by the Commission. 

The Commission has ruled that in the future whenever traffic checks are to be made 
all franchise carriers be required to furnish reports or duplicate copies of drivers' re- 
ports for each run made on every schedule for two weeks so that these reports can be 
checked in the office to determine the number of passengers carried and the capacity 
of the bus. 

This does not mean two consecutive weeks but any two weeks in a month that the 
Commission might designate. 

Yours sincerely, 

John T. Armstrong, 
Supervisor of Inspectors. 
July 15, 1946. 

M. V. C. No. 94. 

BULLETIN TO ALL FRANCHISE BUS OPERATORS 

Gentlemen: 

During the latter part of 1945 the Commission issued a ruling requiring you to cut 
down on overloading of buses to 50 per cent of the seating capacity of the bus. 

The Commission in conference Tuesday, June 25, 1946 authorized the writer to 
contact all of the companies calling to your attention the fact that passenger traffic 
has been reduced considerably and that now buses are being obtained and/or ob- 
tainable, and that the Commission does not wish to make hard and fast rules relative 
to overloading of buses unless required to do so; that is, unless the carriers refuse to 
reduce the number of passengers carried. 

Overloading was permitted due to the shortage of equipment and equipment not 
being obtainable, but wherever you have equipment the Commission has suggested 
that no more passengers be carried than can be seated, and additional sections added 
to take care of all standees. 

Yours sincerely, 

John T. Armstrong, 

Supervisor of Inspectors. 
July 15, 1946. 

M. V. C. No. 95. 
(In re U-25) 

BULLETIN TO ALL FRANCHISE BUS CARRIERS: 

Gentlemen: 

Order U-25-A, amending Rule 25, paragraph C, stipulates that a copy of any 
proposed time schedule shall be filed with the Commission, together with a brief set- 
ting forth the reason for such proposed schedule, and a copy of the proposed schedule 
mailed by registered mail to all connecting or competitive carriers so as to be received 
at least 20 days prior to the effective date of the schedule. 

The Commission has ruled in connection with Order U-25-A that any competitive 
or connecting carrier shall file any protest relative to the proposed schedule change 



20 N. C. Utilities Commission 

within the first 10 days of the 20 days allotted, with the Commission. If any protest 
is received after this 10 days there will be no consideration of such protest and if the 
schedules are approved by the Commission they will be allowed to be put into effect 
by the submitting carrier at the end of the 20 days. 

Yours sincerely, 

John T. Armstrong, 
Supervisor of Inspectors. 
July 15, 1946. 

M. V. C. No. 96. 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION IN THE 

MATTER OF DISCONTINUANCE OF THE USE OF 

SLICK TIRES ON BUSES. 

Order 

The Commission having under consideration the practice of using slick tires on 
passenger-carrying buses, and for the safety of the passengers and equipment, the 
Commission being of the opinion that the emergency has sufficiently passed that it is 
no longer necessary to use slick tires on buses; it is therefore 

Ordered, that all franchise carriers discontinue the use of slick tires on passenger- 
carrying buses immediately upon receipt of this order. Buses found with sHck tires 
after September 1, 1946, will be stopped and parked. 

Issued by order of the Commission this 20th day of August, 1946. 

N. C. UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 

M. V. C. No. 97. 

amending 
M. V. C. No. 83. 
(See also M. V. C. 94). 

BEFORE TH:E NORTH CAROLINA UTILITIES COMMISSION IN THE 
MATTER OF THE OVERLOADING OF BUSES 

Order 

The Commission having under further consideration the practice of the overload- 
ing of buses in the transportation of passengers, and the safety, comfort, and con- 
venience of such passengers, and the Commission being of the opinion that the emer- 
gency has sufficiently passed that it is no longer necessary to load buses beyond the 
point of safety and convenience; it is therefore 

Ordered, that all franchise passenger carriers discontinue the overloading of any 
buses beyond ten standees when leaving the terminals, or stations, as listed and at- 
tached. Buses found operating contrary to this order after September 1 will be 
stopped and parked. 

Issued by order of the Commission this 20th day of August, 1946. 

N. C. UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 



General Orders 21 

M. V. C. No. 98. 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION IN THE 

MATTER OF APPLICATION FOR, AND RENEWAL OF, 

FRANCHISE CERTIFICATES 

Order 

The Commission having under consideration the failure of some bus companies to 
properly conform to all of the rules and regulations of this Commission; it is therefore 

Ordered, that all franchise passenger carriers are hereby notified that in con- 
sidering any applications for further franchises, or for renewal of any existing fran- 
chises, that the Commission will take into consideration whether or not such carriers 
have been taking proper care of their franchises and conforming to all rules and regu- 
lations of the Commission. 

Issued by order of the Commission this 20th day of August, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 

RATE C^NGE UNDER FUEL CLAUSE 
Order No. U-20 

In order that the records of this Commission and the rate schedules of all utilities 
under the jurisdiction of this Commission shall at all times show the actual rate being 
charged by the company for service supplied on a schedule governed by a fuel clause, 
the Commission finds that it is necessary to provide a rule for filing any change of 
rate which may be caused by the terms of the fuel clause; therefore, 

It Is Ordered, That in all cases where rate schedules approved by this Commis- 
sion carry a fuel clause, the following provision shall be added to said fuel clause: 

Provided, that when the cost of fuel shall produce a higher or lower rate in accord- 
ance with the terms of the fuel clause the company shall file with the Commission a 
supplement to the affected schedule setting forth the new rate which is produced and 
its effective date; and it is further provided that supplement must be approved by 
this Commission before it shall become effective. 

This 7th day of March, 1945. g^^^^^^ Winborne, Chairman 

Fred C. Hunter, Commissioner 
A4.j.ps.|. R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

IN THE MATTER OF RULES OF PRACTICE AND PROCEDURE, VIZ., 

RULES NO. 11, RATES, FARES, AND TARIFFS, OF 

PASSENGER AND PROPERTY CARRIERS. 

Order No. U-21 

The General Assembly by an Act in full force and effect from and after its ratifica- 
tion on March 17, 1945, amending Chapter 62, Sections 125 and 126, General Stat- 
utes, requires not less than regular notice of 30 days and authorizes suspension of 
proposed reductions in transportation rates and fares, as well as proposed increases. 
To conform with provisions of said statutes as amended, the Order of May 6, 1939, 
under Ex Parte No. U-16, will be vacated and set aside. Also Rule No. 11, Page 21 
of the printed pamphlet August 1, 1942 Rules of Practice and Procedure, which in 
substance is Ex Parte No. U-16, will be superseded by a new Rule No. 11 set out be- 



22 N. C. Utilities Commission 

low. New schedules proposing changes in rates, fares, etc., in contravention of an 
outstanding order or circular of the Commission are not to be filed under the statutory 
provisions referred to above or under any rule of the Commission. Rather, a motion 
in the cause or petition otherwise should be filed for the purpose of seeking vacation 
or modification of an outstanding order or circular of the Commission to the extent 
necessary to make way for the fiUng or establishing of rates, fares, etc., which would 
otherwise be contrary to an order of the Commission and therefore void and of on 
effect; 

Petitions For Suspension Of Tariffs or Rate Schedules. — 

Rule No. 11 — (a) Content — The protested tariff or schedule sought to be sus- 
pended should be identified by making reference to the name of the publishing 
carrier, freight forwarder, or agent, to the North Carolina Utihties Commission 
number, and to the specific items or particular provisions protested. Reference 
should also be made to the tariff or schedule, and the specific provisions thereof, 
proposed to be superseded. The protest should state the grounds in support 
thereof, indicate in what respect the protested tariff or schedule is considered to 
be unlawful, and state what protestant offers by way of substitution. 

(b) When filed — A protest against, and a prayWfor suspension of, any tariff 
or schedule filed under the act ordinarily will not be considered unless made in 
writing and filed with the Commission at least 10 days before the effective date 
of the tariff or schedule. In an emergency satisfactorily shown by protestant, 
and within the time limits herein provided, a telegraphic protest may be sent to 
the Commission and to the publishing carrier, freight forwarder, or agent, 
stating the grounds relied upon, but such telegraphic protest must immediately 
be confirmed by protest filed and served in accordance with this rule. 

(c) Co-pies; service — Seven copies of each protest or reply filed under this rule 
must be filed with the Commission and one copy of the protest simultaneously 
must be served upon the publishing carrier, freight forwarder, or agent and upon 
other persons known by protestant to be interested. 

(d) Reply to Protest — A reply to a protest filed under this rule should be filed 
and served promptly. 

(e) Service of Investigation Order; Default Where Failure to Comply. If an 
order instituting an investigation is entered it will be served by the Commission 
upon respondents. If, within a time period stated in that order, a respondent 
fails to comply with any requirement specified therein, respondent shall be 
deemed in default and to have waived any further hearing. Thereafter the in- 
vestigation may be decided without further proceedings. 

(f) Participation without Intervention. In an investigation proceeding an 
appearance may be entered at the hearing without filing a petition in interven- 
tion or other pleading, if no affirmative relief is sought, if there is full disclosure of 
the identity of the person or persons in whose behalf the appearance is to be en- 
tered, if the interest of such person in the proceeding and the position intended to 
be taken are stated fairly, and if the contentions will be reasonably pertinent to 
the issues already presented and any right to broaden them unduly is disclaimed. 

The above entitled matter and the foregoing reference thereto being under con- 
sideration and it appearing desirable to the Commission and in harmony with the 
acts referred to and other enactments of the General Assembly and for good cause 
appearing. 



General Orders 23 

It Is Ordered, That the foregoing statement, also the rules identified by numerals 
and letters be and the same are hereby adopted by the Commission; 

It Is Further Ordered, That our order of May 6, 1939, under Ex Parte No. 
U-16, and Rule No. 11, page 21, of our printed pamphlet issued August 1, 1942, en- 
titled: "Rules of Practice and Procedure" be, and the same are hereby vacated and 
set aside. 

By Order of the Commission. 

This 19th day of March, 1945. Charles Z. Flack, Chief Clerk. 

G. S. 62-125 and 126 as amended March 17, 1945, by the General Assembly 

G. S. 62-125. HEARING BEFORE UTILITIES COMMISSION UPON RE- 
QUEST FOR CHANGE OF RATES, ETC. 

Whenever there shall be filed with the Utilities Commission any schedule stating a 
change in any new individual or joint rate, fare, charge, or classification for the trans- 
portation of passengers or property by a public carrier or carriers by railroad, or ex- 
press or highway, or water, or any rule, regulation, or practice affecting such rates, 
fare, or charge, or the value of the service thereunder, the Commission is hereby 
authorized and empowered upon complaint of any interested party or upon its own 
initiative at once and, if it so orders, without answer or formal pleading by the inter- 
ested carrier or carriers, but upon reasonable notice, to enter upon a hearing con- 
cerning the lawfulness of such rate, fare, or charge, or such rule, regulation, or prac- 
tice and pending such hearing and the decision thereon the Commission, by filing 
with such schedule and delivering to the carrier or carriers affected thereby a state- 
ment in writing and its reasons for such suspension, may suspend the operation of 
such schedule and defer the use of such rate, fare, or charge, or such rule, regulation, 
or practice, for a period of ninety days, and if the proceeding has not been concluded 
and a final order made within such period, the Commission may, from time to time, 
extend the period of suspension by order, but not for a longer period in the aggregate 
than one hundred and eighty days beyond the time when it would otherwise go into 
effect; and after hearing, whether completed before or after the rate, fare, charge, 
classification rule, regulation, or practice goes into effect, the Commission may make 
such order with reference thereto as would be proper in a proceeding instituted after 
it had become effective. If the proceeding has not been concluded and an order made 
within the period of suspension, the proposed change of rate, fare, or charge, or clas- 
sification, rule, regulation, or practice, may go into effect at the end of such period. 
At any hearing involving a rate, fare, charge, or classification, changed or sought to 
be changed, or involving a rule, regulation, or practice, resulting in a change, the 
burden of proof shall be upon the carrier to show that the changed rate, fare, charge, 
or classification, or rule, regulation, or practice, or the proposed changed rate, fare, 
charge, or classification, or the proposed rule, regulation, or practice is just and rea- 
sonable. (1939, c. 365, s. 3; 1941, c. 97.) 

G. S. 62-126. NOTICE FOR CHANGE IN RATES, ETC.— 

No change shall be made in any rate, fare, charge, or classification, nor shall any 
change be made in any rule, regulation, or practice, which has been published and 
filed by any of the transportation companies named in the preceding section, except 
upon not less than thirty days' notice to the Commission and the public: Provided, 
that the Commission may, in its discretion, and for good cause shown authorize the 
publication and filing of changed rates, fares, charges, or classification, or rules, regu- 
lations, or practices, upon less than thirty days' notice. 



24 N. C. Utilities Commission 

NORTH CAROLINA UTILITIES COMMISSION TRAFFIC DIVISION 

RULES AND REGULATIONS 

GOVERNING THE CONSTRUCTION, FILING AND POSTING OF 

FREIGHT AND PASSENGER TARIFF AND CLASSIFICATION 

PUBLICATIONS 

Adopted by: 

North Carolina Utilities Commission 
March 30, 1945 (Except Rules 5 and 6). 

NOTICE 

New schedules proposing changes in rates, fares, etc., in contravention of an out- 
standing order or circular of the Commission are not to be filed under the provisions 
of G. S. 62-125 and 126, or under any rule of the Commission. Rather, a motion in 
the cause or petition otherwise should be filed for the purpose of seeking vacation or 
modification of an outstanding order or circular of the Commission to the extent 
necessary to make way for the filing or establishing of rates, fares, etc., which would 
otherwise be contrary to an order of the Commission and therefore void and of no 
effect. 

Rule of Practice No. 11, revised as of March 19, 1945, under Docket Ex Parte No. 
U-21, relates to primary procedure with respect to suspension and investigation of 
rate and fare schedules properly filed and in harmony with paragraph 1 above. 

Carriers or their agents when considering the establishment of rates or fares, etc.i 
on less than statutory notice under the provisions of G. S. 62-126 and the rule herein 
should also keep in mind the requirements as referred to in the Addendum to these 
rules relating to Notice of proposed increases to OPA and declaration of assent 
to intervention. 

The Rules and Regulations Governing construction, filing and Posting of Freight 
and Passenger Tariff and Classification Publications have been adopted by the Com- 
mission by an order in Ex Parte No. U-23, March 31, 1945, except that said order 
defers the effective date with respect to Rules 5 and 6 relating to powers of attorney 
and concurrences. 

CONTENTS 

Rule Page 

Number SUBJECT Number 

1 Requirements as to size, form, identification and fifing. 1 

2 Filing and Posting. 2 

3 Notice of Changes — Special Permission — Symbols. 2 

4 Adoption Notices. 2 

5 Power of Attorney. 5 

6 Concurrences. 11 



General Orders 25 

GENERAL RULES AND REGULATIONS GOVERNING THE 

CONSTRUCTION, FILING AND POSTING OF FREIGHT 

AND PASSENGER TARIFFS BY CARRIERS SUBJECT 

TO THE JURISDICTION OF THE NORTH 

CAROLINA UTILITIES COMMISSION. 

Definition: 

The term "tariff" as used herein means a publication containing rates, charges, 
classification ratings, rules, and regulations of a carrier of property, or the fares, 
charges, rules and regulations of a carrier of persons, baggage or express. 

Rule 1 
Requirements As To Size, Form, Identification and Filing of Tariffs. 

(a) All tariffs and supplements thereto shall be in books, pamphlet, or loose-leaf 
form of size 8 x 11 inches, and shall be plainly printed, planographed, stereotyped, 
or reproduced by other similar durable process on paper of good quality. No altera- 
tion in writing or erasure shall be made in any tariff or supplement thereto. The size 
requirement of this rule is not applicable to Railway Express Carriers. 

(b) A margin of not less than five-eights of an inch, without any printing thereon, 
shall be allowed at the binding edge of each tariff or supplement thereto. 

(c) On the title page an N. C. U. C. Number shall be shown. Revised pages to 
loose-leaf tariffs shall also be properly identified. Numbers shall run consecutively 
beginning with the next consecutive number in the existing series or, if no tariffs 
shall have been issued previously the series shall begin with N. C. U. C. No. 1. Im- 
mediately under this number there shall be shown the N. C. U. C. Number or numbers 
of the tariff or tariffs canceled thereby. 

(d) Issuing carriers or their agents shall transmit to the Commission two (2) copies 
of each tariff, supplement, or revised page. All copies shall be included in one pack- 
age, accompanied by a letter of transmittal in duplicate, listing all tariffs enclosed 
and addressed to the "North Carolina Utilities Commission, Traffic Division, 
Raleigh, N. C." All postage, etc., must be prepaid. 

(e) On the upper central portion of the title page shall be shown the name of the 
issuing carrier or agent. When an individual or partnership operates under a trade 
name, the individual name or names shall precede the trade name. (See G. S. 59-85, 
et seq.) The individual names and firm names or (in the case of corporations) corpo- 
rate names of participating carriers, with city and state in which their principal offices 
are located, shall be alphabetically arranged in agency tariffs. 

Rule 2 
Filing and Posting 

(a) All tariffs and supplements shall be filed with the Commission at least 30 days 
before the date upon which they are to become effective. 

(b) A carrier shall post and file in a place accessible to the public, at each of its 
stations or offices which is in charge of a person employed exclusively by such carrier 
or by it jointly with one or more other carriers and at which persons or property is 
received for transportation, all of the tariffs containing fares, rates, charges, classi- 
fications, and rules or other provisions applying from, or at, such station or office. 
Each carrier shall also maintain at its principal office in North Carolina a complete 
file of all tariffs issued by it or by its Agents in a place accessible to the public, and 
employees of the carrier shall be required to give any desired information contained 



26 N. C. Utilities Commission 

in such tariffs, to lend assistance to seekers of information therefrom, and to afford 
inquirers opportunity to examine any of such tariffs without requiring the inquirer 
to assign any reason for such desire. 

Rule 3 
Notice of Changes — Special Permission — Symbols 

(a) Written notice, in tripUcate, containing a brief explanation of the character 
of and reason for any intended changes in tariff schedules shall be filed with the Com- 
mission not later than the date said schedule is filed. 

(b) Applications for permission to change or establish rates, rules, or other pro- 
visions on less than statutory notice, or for waiver of the provisions of these rules 
must be made by the carrier or agent holding authority to file the proposed publica- 
tion. If the application requests permission to make changes in joint tariffs, it must 
state that it is filed for and on behalf of all carriers parties to the proposed change. 

(c) Three copies of applications (including amendments thereto and exhibits made 
a part thereof) shall be sent to the North Carolina Utilities Commission, Traffic 
Division, Raleigh, N, C. The application should set forth full grounds for the relief 
sought. If the authority granted by special permission is used, it must be used in its 
entirety. 

(d) All tariffs, supplements and revised pages shall indicate changes from preced- 
ing issues by a printers tear drop symbol or (R) to denote reductions, a symbol in the 
shape of a diamond or (A) to denote increases or a symbol in shape of a triangle or (C) 
to denote changes resulting in neither increases nor reductions. The proper symbol 
must be shown directly in connection with each change. 

Rule 4 
Adoption Notices 

(a) When the name of a carrier is changed, or when its operating control is trans- 
ferred to another carrier, the carrier which will thereafter operate the properties shall 
file with the North Carolina Utilities Commission, Traffic Division, and post as re- 
quired in Rule 2 an adoption notice in the form of a tariff numbered in its N. C. U. C. 
series and containing substantially the following: 

(Name, also trade name, if any, of adopting carrier) hereby adopts, ratifies, 
and makes its own, in every respect as if the same had been originally filed and 
posted by it, all tariffs, classifications, riiles, notices, traffic agreements, state- 
ments of divisions, powers of attorney, concurrences, or other instruments what- 
soever, including supplements or amendments thereto, filed with the North 
Carolina Utilities Commission by, or heretofore adopted by (name and trade 
name, if any, of former carrier) prior to (date). 

In addition to the above adoption notice the adopting carrier shall immediately 
file with the North Carolina UtiUties Commission, Traffic Division, and post as 
required in Rule 2 a consecutively numbered supplement to each of the effective 
tariffs issued or adopted by its predecessor, reading as follows: 

Effective (Here insert date shown in the adoption notice) this tariff, or as 
amended, became the tariff of (name and trade name, if any, of the adopting 
carrier) as stated in its adoption notice N. C. U. C. No 

Subsequent supplements to adopted tariffs shall be numbered consecutively, be- 
ginning with the number following that of the adoption supplement, and shall show 



General Orders 27 

in connection with the N. C. U. C. number that the number is in the series of the 
former carrier. 

New tariffs reissuing or superseding adopted tariffs shall be numbered in the N, C. 
U. C. series of the adopting carrier. The adopting carrier, when canceling any tariff 
issued or adopted by the old carrier, shall identify such tariff in the cancellation notice 
by reference to its N. C. U. C. number, by reference to the name of the carrier that 
issued it, and, when tariffs have been pubHshed by the old carrier in more than one 
series, by reference to the particular series in which that tariff was published. 

(b) Tariffs issued by other carriers or agents participated in by a carrier whose 
name is changed or that is absorbed, taken over, or operated by another carrier or of 
a carrier whose name is changed shall be amended on statutory notice in the regular 
way (that is, by the next supplement or revised page filed) to eliminate from the Ust 
of participating carriers the name of the old carrier and to add thereto the name of 
the new carrier. Such supplement or revised page shall also contain the following 
provision: 

(Name and trade name, if any, of the adopting carrier) by its adoption notice, 

N. C. U. C. , which became effective on , having taken over the 

tariffs, etc., of (name and trade name, if any, of the former carrier), (name 
and trade name, if any, of the adopting carrier) is hereby substituted for (name 
and trade name, if any, of the old carrier) wherever it appears in this tariff. 

(c) When the operating control of a carrier's properties is transferred in part to 
another carrier, the carrier which will thereafter operate that part of the properties 
shall file with the North Carolina Utihties Commission, Traffic Division, and post as 
required in Rule 2 an adoption notice in the form of a tariff numbered in its N. C. 
U. C. series and containing substantially the following: 

(Name and trade name, if any, of adopting carrier) hereby adopts, ratifies, and 
makes its own in every respect as if the same had been originally filed and posted 
by it, all tariffs, classifications, rules, notices, traffic agreements, statements of 
divisions, powers of attorney, concurrences, or other instruments whatsoever, 
including supplements or amendments thereto, filed with the North Carofina 
Utilities Commission by, or heretofore adopted by (name and trade name, if 
any, of the original carrier) prior to (date) in so far as said instruments apply 
(here describe the operations transferred). 

In addition to the above adoption notice, the old carrier shall immediately file with 
the Traffic Division of the North Carolina Utilities Commission and post as required 
in Rule 2, under proper concurrence from the adopting carrier, a supplement to each 
of its effective tariffs covered by the adoption notice reading as follows: 

Effective (here insert date shown in adoption notice) this tariff or as amended, 
in so far as it contains rates, rules and other provisions applying (here describe 
the operations transferred), became the tariff of (name and trade name, if any, 
of the adopting carrier) as stated in its adoption notice, N. C. U. C. .. 

(d) Tariffs issued by other carriers or agents applicable in connection with that 
part of the line taken over or operated in part by another carrier shall be amended 
on statutory notice, by the next supplement or revised page filed, to incorporate nec- 
essary changes. Such supplement or revised page shall also contain a provision in the 
following form: 

(Name and trade name, if any, of the adopting carrier) by its adoption notice 
N. C. U. C. No , having taken over tariffs, etc., of (name and trade name, 



28 N. C. Utilities Commission 

if any, of the old carrier) in so far as they contain rates, charges, rules, and other 
provisions applying (here describe the operations transferred), (name and trade 
name, if any, of the adopting carrier) is hereby substituted for (name and trade 
name, if any, of the old carrier) wherever the latter appears in this tariff in con- 
nection with said points, routes, or territory. 

Rates, rules, and other provisions applying locally between points on the trans- 
ferred portion shall be transferred as quickly as possible to tariffs of the adopting 
carrier. The former carrier shall cancel such rates, rules, and other provisions from 
its tariffs on statutory notice and shall refer by N. C. U. C. Number to the tariffs of 
the adopting carrier for rates to apply thereafter. The adopting carrier shall publish, 
file, and post corresponding rates, rules, and other provisions on statutory notice to 
become effective upon the date upon which the cancellation of the former carrier's 
rates, rules, and other provisions become effective. 

If, after the transfer of operations, any point will be served by both the former 
carrier and by the adopting carrier, a statement shall be shown in connection with 
the name of that point reading substantially as follows: 

This adoption notice does not have the effect of eliminating as a 

point served by (name and trade name, if any, of the original carrier), but has 
the effect of establishing service at said point by (name and trade name, if any, 
of the adopting carrier). 

(e) Adoption notices and supplements similar to those prescribed in sections (a) 
and (c) of this rule but numbered consecutively in the N. C. U. C. series of the old 
carrier, shall immediately be filed and posted by a receiver, trustee, executor, adminis- 
trator, assignee, or lessee when he assumes possession and operating control of a car- 
rier's lines, either in whole or in part, and shall show the names of the receivers, 
trustees, executors, administrators, assignees, or lessees on the title page in connec- 
tion with the former carrier's name. When such possession and operating control are 
terminated, the carrier taking over the properties shall file an adoption notice and if 
a change in the name of the carrier has been made, shall also file supplements as 
prescribed in sections (a) and (c) of this rule. 

(f) Notices of adoption shall be filed and posted immediately and if possible on 
or before the date shown therein. Copies shall be sent to each agent or carrier to 
which power of attorney or concurrence has been given by the adopted carrier. The 
effective date shall be the date (as shown in the body of the notice) on which the 
change in name or operation occurs, except that if prior approval of such change by 
the Utilities Commission is required, the effective date shown shall not antedate that 
approval. 

Concurrences and powers of attorney adopted by a carrier, receiver, trustee, ex- 
ecutor, administrator, assignee, or lessee shall, within 120 days, be replaced and super- 
seded by new concurrences and powers of attorney issued by and numbered in the 
series of the adopting carrier, receiver, trustee, executor, administrator, assignee, or 
lessee, except that receivers, trustees, executors, administrators, assignees, or lessees 
may continue concurrences and powers of attorney in the same series of numbers. 
The cancellation reference to the former concurrence or power of attorney shall in- 
clude the name of the former issuing carrier. Powers of attorney and concurrences 
which will not be replaced by new issues shall be regularly revoked on the notice and 
in the manner prescribed in Rules 5 and 6. 

Adoption notices and special supplements issued under the authority of this rule 
shall contain no other matter. 



General Orders 29 

Rule 5 
(Adoption Date Deferred) 

Power of Attorney 

(a) Authority by a carrier to an agent to publish and file tariffs and supplements 
in which such carrier participates shall be in substantially the following forms: 

(b) This form shall be used to authorize an individual to act as agent. 

POWER OF ATTORNEY 

No 

Cancels No _ 



(Name of Carrier) 



(P. O. Address) 
194_ 



Know All Men By This Instrument: 

That, on the day of , 194. 



a carrier of (here state, of property, persons, etc., as the case may be) does hereby 
make and appoint (Name of principal agent) Attorney and agent to publish and file 
for such carrier tariffs and supplements thereto, as required of carriers under the 
public laws of the State of North Carolina and the rules and regulations of the North 
Carolina Utilities Commission issued thereunder and does hereby ratify and confirm 
all that said attorney and agent may lawfully do by virtue of the authority herein 
granted and does hereby assume full responsibility for the acts and failures to act of 
said attorney and agent. 

And, further, that (Name of Carrier) does hereby make and appoint 

(Name of alternate agent) alternate attorney and agent to do and perform the 

same acts and exercise the same authority herein granted to (Name of Principal 

Agent) in the event and only in the event of the death or disability of (Name 

of Principal Agent). 



(Name of Carrier) 

By 

Attest (If a corporation): 

Secretary 

(CORPORATE SEAL) 

Duplicate mailed to .. , AGENT 

(c) This form shall be used to authorize a corporation to act as agent. 

Power of Attorney 

No 

Cancels No 



(Name of Carrier) 



(P. O. Address ^. 
. 194— 



30 N. C. Utilities Commission 

Know All Men By This Instrument: 

That, on the day of , 194 , 



a carrier of (here state, of property, persons, etc., as the case may be) does hereby 

make and appoint (Name of Corporation) attorney and agent to 

pubHsh and file for such carrier tariffs and supplements thereto, as required of car- 
riers under the public laws of the State of North Carolina and the rules and regula- 
tions of the North Carolina Utilities Commission issued thereunder and does hereby 
ratify and confirm all that said attorney and agent may lawfully do by virtue of the 
authority herein granted and does hereby assume full responsibility for the acts and 
failures to act of said attorney and agent. 



Attest (If a corporation): 



By 
.Secretary 



(Name of Carrier) 



(CORPORATE SEAL) 

Duplicate mailed to , AGENT. 

(d) Unless specifically authorized by the Commission, an official or an employee 
of a corporation may not act as agent when such corporation acts as agent. 

(e) A Corporation, duly authorized and acting as an attorney and agent, shall 
issue tariffs in the name of the corporation as agent. At the bottom of the title page 
of each publication filed by the corporation as agent shall be shown the name and 
title of the official of the corporation who has been appointed by such corporation to 
issue tariffs and file them with the Commission. 

A Corporation acting as a publishing agent under powers of attorney shall forward 
to the Commission a certified minute of the meeting of the board of directors of such 
corporation showing the name and title of the official who has been appointed to 
handle all tariff matters with the Commission. 

(f) Powers of attorney authorized by this rule, if executed without modification 
confer unlimited authority to publish local rates or fares for the carrier issuing the 
power of attorney and to publish joint rates or fares for such necessary authority. 
If it is desired to limit the authority granted to the agent, the form may be modified 
by adding at the end of the first paragraph the statement: "This authority is re- 
stricted to the filing of the publications or types of publications set forth below," 
and by clearly stating immediately thereafter the extent of the authority granted. 
The instrument may limit the authority of the agent to publication of rates or fares, 
from points on the carrier's lines only, or to points on its fines only, or may limit the 
authority granted to publication of either local or joint rates or fares. The authority 
granted may be restricted, also, to publication of either class or commodity rates, but 
it may not be limited to pubfication of rates on a particular commodity or commod- 
ities or to publication of specifically named rates. 

If it is desired to give to an agent authority for the publication of a classification, a 
classification exceptions tariff, or a rules tariff, only the form may be modified by 
omitting from line five the word "Tariffs" and substituting therefor the word or 
words, "classification," "classification exceptions tariffs" or "rules tariffs," or the 
instrument may be so modified as to authorize the publication of any or all of such 
tariffs, including rate tariffs. I f it is desired to limit the authority granted to pubfi- 
cation of a particular tariff or tariffs, this may be done by giving a sufficiently accu- 
rate description of the title page of each tariff to identify it and by showing the N. C. 
U. C. Number, if known. If it is intended that the authority granted shall include 



General Orders 31 

supplements to or reissues of specifically named tariffs, that fact should be made 
clear by adding after the designation of the tariff, "supplements thereto and suc- 
cessive issues thereof." 

(g) Each power of attorney or concurrence shall be given a number which shall 
run consecutively for each instrument. The numbers shall be shown on the upper 
right-hand corner and immediately thereunder shall be shown the number of the 
power of attorney, if any, which is cancelled thereby. If the instrument to be can- 
celled contains more authority or is broader in scope than the new instrument, such 
new instrument must bear an effective date at least 60 days after the date on which 
it is received by the Commission. When the new instrument is broader in scope than 
the instrument which is to be cancelled, no notice is required. The term "tariff" 
as used in this rule means not only rate and fare tariffs but all other publications 
which in any way effect the value of the service or the measure of the charge. Each 
instrument shall show, under the number, the post office address of the person 
or persons issuing it and the date of the issue. The instrument shall show, also, in the 
lower left-hand corner, the name, title, and address of the person or corporation to 
whom the duplicate is sent. 

(h) All instruments must be prepared in triplicate. Except when there is specific 
instruction in individual rules to send originals to an agent, the original of the in- 
strument shall be filed with the Commission, the duplicate sent to the agent to whom 
such authorization is directed, and the third copy retained by the issuing carrier. 

(i) Powers of attorney may not contain authority to delegate to another the power 
thereby conferred. In giving authority to an agent to publish and file rates for the 
carrier by whom such authority is issued, care must be taken to avoid duplication to 
two or more agents authorit}^ which, if used, would result in conflicting rates or other 
provisions. 

(j) When a power of attorney is issued to an individual to act as agent, such in- 
strument shall name an alternate agent to act in the event of the death or disability 
of the principal agent. On or before the date of filing of the first tariff or supplement 
by the alternate agent under the authority granted in the instrument, such alternate 
agent shall submit to the Commission a sworn statement setting forth the facts which 
justify such exercise of authority. The term "disability" as used in the instrument 
means resignation or permanent absence of the principal agent, and does not mean 
temporary absence of the principal caused by vacation, illness, or other similar causes. 
After an alternate agent has once exercised the authority granted by the instrument, 
the principal agent may not thereafter act under that instrument. 

(k) When it is desired to transfer authority from one agent to another agent, 
superseding the former agent as to all such agent's effective tariffs, the transfer shall 
be accomplished by filing a new power of attorney naming the agent (and alternate 
when the new agent is an individual) thereafter to serve, which shall specifically 
cancel the previous power of attorney. Under all other conditions the power of 
attorney must be revoked as hereinafter provided. 

When a power of attorney shall have been issued to an individual and an alternate, 
and the death or disability of either the principal or alternate agent occurs, new 
powers of attorney cancelling the previously effective powers of attorney and naming 
the agent (and alternate when the new agent is an individual) thereafter to serve 
shall be filed within 180 days. The new power of attorney shall bear no effective 
date. The originals thereof shall not be sent direct to the Commission, but shall be 
forwarded to the new agent, who, after all the necessary instruments shall have been 
secured, shall file the originals with the Commission all at one time. Such powers of 
attorney will become effective upon the date they are received by the Commission. 



32 N. C. Utilities Commission 

(1) When a new agent is appointed, or when an alternate agent assumes the duties 
of the principal agent, the new agent, immediately upon receipt of necessary au- 
thority, or the alternate agent, upon death or disability of his principal, shall issue 
a supplement to each of the effective tariffs issued by the agent superseded, but which 
shall contain a statement reading substantially as follows: "On and after (show here, 
in the case of a new agent, the date on which the principal ceased to act) this publica- 
tion shall be considered as the issue of (show here name of new agent or the alternate 
acting as such)." In the case of a new agent, such supplement shall also contain a 
list of participating carriers, giving reference to the new authorities. If tariffs issued 
by the new agent will be numbered in a different N. C. U. C. series from those of the 
former agent, supplements filed by the new agent to tariffs issued by the former agent 
shall show in connection with N. C. U. C. numbers, that they are in the series of the 
former agent. 

(m) A power of attorney may be revoked upon not less than 60 days' notice to the 
Commission by filing a notice of revocation with the Commission, serving at the same 
time a copy thereof on the agent in whose favor such power of attorney was executed. 
Such notice shall not bear a separate serial number, but shall specify the number of 
the power of attorney to be revoked, shall name the agent (and alternate agent when 
the form set forth in paragraph (b) is being revoked) in whose favor the power of 
attorney was executed, shall specify a date upon which revocation is to become effec- 
tive, which must not be less than 60 days subsequent to the date of its receipt by the 
Commission, and shall be executed in the following manner on paper of good quality: 

Revocation Notice 



(Name of Carrier) 



(Post Office Address) 
19 



Know All Men By This Instrument: 

Effective , 19 , power of attorney No , 

issued by (Name of Carrier) , in favor of (Name of Agent and of 

Alternate, if Any) is hereby cancelled and revoked. 



(Name of Carrier) 
By. 



Attest (if a corporation): — Secretary 

(CORPORATE SEAL) 

Duphcate mailed to 

(Name of Agent) 



(Address) 



(Date) 

Rule 6 
(Adoption date deferred) 



Concurrence 

The following forms shall be used in giving to carriers subject to these rules con- 
currences in tariffs which are issued and filed by such carriers or their agents and in 
which the carriers giving concurrences are participants. The provisions of para- 



General Orders 33 

graphs (g) and (h) of Rule 5 will apply also to concurrences. If two or more carriers 
execute powers of attorney authorizing an agent to pubUsh joint rates for them, it 
will not be necessary for those carriers to exchange concurrences with each other as 
to the joint tariffs issued by that agent under that authority. 

Form A shall be used in giving concurrence in a particular tariff that is issued and 
filed by another carrier. The original of form A shall be forwarded to the carrier 
issuing the tariff and shall by such carrier be transmitted to the Commission with the 
tariff. This form when not restricted will serve as continuing evidence of participa- 
tion in the tariff described in the concurrence and in all supplements to and successive 
issues thereof. If reference to successive issues be stricken out, a new concurrence 
will be required for each successive issue of the tariff. Except as provided above, this 
form shall not be qualified in any way but must evidence concurrence in all rates, 
rules, or other provisions contained in the tariff publication named therein. 

Concurrence 

Form A 

No ^ 



Cancels No. 



(Name of Carrier) 



(Post Office Address) 
19- 



TO THE NORTH CAROLINA UTILITIES COMMISSION 
Traffic Division 
Raleigh, N. C. 

This is to certify that assents to and concurs in 

the publication and filing of the tariff described below, filed by (show name of carrier 
to whom concurrence is given), together with supplements thereto and successive 
issues thereof, and that such concurring carrier hereby makes itself a party thereto 
and bound thereby, in so far as such tariff applies between points on the lines or routes 
of (show name of carrier to whom concurrence is given), on the one hand, and points 
on the lines or routes of (shown name of carrier giving concurrence), on the other; 
or rates or fares in connection with which (show name of carrier giving concurrence) 
acts as an intermediate carrier between points on the lines or routes of (show name of 
carrier to whom concurrence is given) on the one hand and points on the lines or routes 
of other carriers parties to such tariff, on the other, until this authority is revoked by 
formal and official notice of revocation filed with the North Carolina Utilities Com- 
mission and sent to the carrier to which this concurrence is given. (Here give an exact 
description of the title page of the tariff, including the name of the issuing carrier, the 
N. C. U. C. number, and dates on which issued and effective). Issued by (Name and 
title of officer shown as issuing tariff). 



(Name of Carrier) 
By 



Secretary 

Attest (if a corporation): 
(Corporate Seal) 



34 N. C. Utilities Commission 

(c) If general concurrence be given by a carrier in tariffs issued by another carrier 
or its agent, naming rates or fares from or to points on its lines or over its lines, form 
B shall be used. Form B may be executed as shown, when it will authorize publica- 
tion of rates or fares for the concurring carrier from and to points served by such 
carrier as well as from and to points served by other carriers where the concurring 
carrier acts as intermediate line. If it is desired to limit the authority granted to 
exclude pubUcation of rates or fares in connection with which the concurring carrier 
would act as either origin, intermediate, or destination line, the form may be modified 
to that extent by substituting the words "from — to" for the words "between — and" 
or by use of other appropriate language to effect the modification authorized. When 
authority is given an agent to publish rates for a carrier participating under authority 
of a concurrence to another carrier for whom such agent acts, care must be exercised 
that the rates of fares published for the concurring carrier do not exceed the scope of 
the authority given. 

Concurrence 
Form B 

No 



Cancels No. 



(Name of Carrier) 



(Post Office Address) 
19_ 



NORTH CAROLINA UTILITIES COMMISSION 
TRAFFIC DIVISION 
Raleigh, N. C. 

This is to certify that (show name of carrier giving concurrence) assents to and 
concurs in the publication and fiUng of any tariff or supplement thereto which (show 
name of carrier to whom concurrence is given) or such carrier's agent may publish 
and file, and in which the said (show name of concurring carrier) is shown as a partici- 
pating carrier; and that such concurring carrier hereby makes itself a party thereto 
and bound thereby in so far as such tariff apphes between points on the lines or routes 
of (show name of carrier to whom concurrence is given), on the one hand, and points 
on the lines or routes of (show name of carrier giving concurrence), on the other; or 
rates or fares in connection with which (show name of carrier giving concurrence) acts 
as an intermediate carrier between points on the lines or routes of (show name of 
carrier to whom concurrence is given) on the one hand, and points on the lines or 
routes of other carriers parties to such tariff, on the other, until this authority is re- 
voked by formal and official notice of revocation filed with the North Carolina Util- 
ities Commission and sent to the carrier to which this concurrence is given. 



(Name of Carrier) 
By 



Secretary 

Attest (If a corporation): 

(Corporate Seal) 

Duplicate mailed to at 



(Show complete address) 



General Orders 35 

(d) A concurrence may be revoked upon not less than 60 days' notice to the Com* 
mission by filing a notice of revocation with the Commission, serving at the same time 
a copy thereof on the carrier to which such concurrence was given. Such notice shall 
not bear a separate serial number, but shall specify the form and number of the con- 
currence to be revoked, shall name the carrier in whose favor issued, and shall specify 
a date upon which revocation is to become effective, which must not be less than sixty 
days subsequent to the date of its receipts by the Commission. The revocation no- 
tice shall be as follows: 



(Name of Carrier) 



(Post Office Address) 
19_ 



NORTH CAROLINA UTILITIES COMMISSION 
TRAFFIC DIVISION 
Raleigh, N. C. 

Effective 19 , concurrence form No , 

issued by (Name of Carrier) in favor of (Name of Carrier to 

whom issued) is hereby cancelled and revoked. 



(Name of Carrier) 
By 



Secretary 

Attest (if a corporation) : 

(CORPORATE SEAL) 

Duphcate mailed to (Name and Title of Officer) 

(Name of Carrier) 

(Address) 



(e) When a power of attorney or concurrence is revoked, corresponding revision of 
the tariff or tariffs should be made effective upon statutory notice not later than the 
effective date stated in the notice of revocation. In the event of failure to so revise 
the applicable tariff or tariffs, the rates, fares, charges, rules, regulations, etc. in such 
tariff or tariffs remain applicable until lawfully cancelled. 

(f) In giving concurrences care must be taken to avoid duphcating authority to 
two or more carriers which, if used, would result in conflicting rates, fares or rules. 

ADDENDUM 
Rules and Regulations Governing 
Construction, Filing and Posting 
of Freight and Passenger Tariff 
and Classification Publications. 

"Provided that no common carrier or public utility shall make any general in- 
crease in its rates or charges which were in effect on September 15, 1942, unless 
it first gives thirty days notice to the President, or such agency as he may desig- 
nate, and consents to the timely intervention by such agency before the Federal, 
State or municipal authority having jurisdiction to consider such increases." 



36 N. C. Utilities Commission 

Under the foregoing provisions, quoted from an Act of Congress, October 2, 1942, 
amending the Emergency Price Control Act of 1942, the Office of Price Administra- 
tion is the Agency designated to receive the notices of proposed increases and consent 
to intervention. As in the past the North Carolina Utilities Commission will con- 
tinue to recognize the requirements specified and the procedural regulations of the 
O. P. A., of which each carrier is on notice by reason of the Federal Register of said 
regulations, si copy in pamphlet form identified as PR 11 May 24, 1944, will be sup- 
pUed upon request of the O. P. A., Transportation Division, Washington, D. C. It 
is the opinion of some recognized authorities that a general increase cannot be legally 
established unless the requirements herein referred to have been met. Sometimes a 
carrier may have what would normally constitute good cause for seeking permission 
under the tariff rules to establish an increase on less than the North Carolina statu- 
tory notice of 30 days, and the question arises whether the proposed increase is 
general in nature or is otherwise not subject to the Federal regulations just referred to. 
Upon submission, such questions will be considered by the Commission. Wherefore 

It Is Ordered, That insofar as the Order of March 15, 1945, under Docket No. 
3286, "O. P. A. Notification on Proposed Rate Increases," refers to common carrier 
rates, be and the same is hereby vacated and set aside, 

By Order of the Commission. 

This 30th day of March, 1945. 

Charles Z. Flack, Chief Clerk. 

Order No. U-22 

RESTRICTING APPLICATION OF ORDER U-2 BY EXEMPTING CERTAIN 
UTILITY COMPANIES FROM ITS PROVISION. 

Order 

It has been brought to the attention of the Commission that in certain cases where 
only a small part of the operations of a Utility is in North Carolina that compliance 
with Order U-2 of the Commission works a hardship on such utility and really is not 
necessary to safe guard the public interest as such public interest is fully protected by 
the regulatory body where the major interest of the utility is located. It being ap- 
parent that the representations made to the Commission in this matter are merito- 
rious; therefore. 

It Is Ordered, That from and after March 26, 1945, the provisions of Order U-2 
of this Commission shall not apply to any Utility Company conducting its business in 
North Carolina unless 10 per cent or more of its gross operating revenue shall be de- 
rived from its business in North Carolina. 

This the 26th day of March 1945. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 



General Orders 37 

Order No. U-23 

RULES AND REGULATIONS, GOVERNING THE CONSTRUCTION, 

FILING AND POSTING OF FREIGHT AND PASSENGER TARIFF AND 

CLASSIFICATION PUBLICATION 

Order 

Upon consideration of the matter referred to in the caption hereof, which matter 
is further decribed and identified as a series of Rules more fully and completely set 
out in the several pages of the Appendix hereto, and good cause appearing: 

It Is Ordered, That the said Rules and Regulations contained in the Appendix 
hereto, be and the same are hereby prescribed and adopted. Except the adoption 
date of Rules 5 and 6 relating to power of Attorney and Concurrences will hereafter 
be fixed. 

By Order of the Commission. 

This 28th day of March 1945. Charles Z. Flack, Chief Clerk. 

Order No. U.-24 

RULES OF PRACTICE AND PROCEDURE, viz., RULE NO. 13, NOTICE OF 
INTENTION TO APPLY AND APPLICATIONS FOR AUTHORITY TO DIS- 
CONTINUE TRAINS, CHANGE TRAIN SCHEDULES, RECLASSIFY 
STATION AGENCIES, REDUCE OR ABANDON STATIONS 
OR SWITCHING TRACKS. 

Order 

Amending Practice Rule No. 13 To Include Switching Tracks 

APPLICATIONS FOR DISCONTINUANCE OF RAILROAD TRAINS, 
CHANGE IN TRAIN SCHEDULES, DISCONTINUANCE OF STATION 
AGENTS, REDUCTION IN CLASS, OR ABANDONMENT OF STATIONS; 
ABANDONMENT OR REMOVAL OF SWITCHING SERVICE TRACKS. 

1. Stations. Where a railroad company desires to discontinue a station 
agent, change train schedules, reduce the class of the station or to abandon or 
dismantle a station building, it will not be necessary to obtain authority from the 
Commission to post notice notifying the public of intention to make such ap- 
plication; but notice shall be posted for a period of ten days on the station door 
and ticket oflEice window, advising the public that at the end of that period the 
company will make application to the Commission at Raleigh, North Carolina, 
for authority to discontinue, change, abandon, or dismantle, as the case may be. 
At the time application is made to the Commission, it shall contain a copy of 
said notice, with an affidavit attached of the person posting it, and the affidavit 
shall contain a statement to the effect that the notice was posted by him on a 
date certain and that it remained posted for the entire ten-day period. Such 
applications will not be heard by the Commission unless affidavits are attached. 

2. Train Service. In cases of applications for discontinuance of trains and 
change in train schedules, notices shall be posted in the manner and for the time 
provided above, at all stations along the line of road affected. 

3. Side Tracks. Notices of intention to apply for authority to abandon, re- 
move or reduce a spur, industrial, team, switching or side track, shall be posted 
for the time provided above in paragraph 1 hereof and in the same manner, ex- 
cept in the absence of station buildings, the notice may be displayed by use of a 
stake in the ground at or near the track or by other suitable method. 



38 N. C. Utilities Commission 

It Appearing, That the Commission's Rule of Practice and Procedure, No. 13, as 
adopted August 1, 1942, does not specifically embrace a requirement of application 
and notice of intention to apply for authority to discontinue switching service tracks, 
and 

It Further Appearing, That abandonment, dismantling and removal of said 
tracks has been accomplished without proper authorization, and good cause appear- 
ing for amending Rule No. 13 to include a requirement for notice, application and ap- 
proval before removing tracks of the switching service type. 

It Is Ordered, That the foregoing new Rule No. 13, be and the same is hereby 
adopted in lieu of the former Rule of the same number on page 25, of our printed 
pamphlet issued August 1, 1942, entitled: "Rules of Practice and Procedure." 

By order of the Commission. 
This 12th day of April, 1945. 

Charles Z. Flack, Chief Clerk. 

Order U-25 Amending Rule 25 

RULES AND REGULATIONS GOVERNING THE SUPERVISION, 
CONTROL AND OPERATION OF MOTOR VEHICLE CARRIERS AND 
DRIVERS OF MOTOR VEHICLES OF SUCH CARRIERS, ISSUED UNDER 
AUTHORITY OF CHAPTER 136, PUBLIC LAWS OF 1927, AND AMEND- 
MENTS THERETO, AND MADE EFFECTIVE FROM AND AFTER 
12:01 O'CLOCK A. M., MARCH 1, 1940 

Rule 25 of the Rules and Regulations Governing the Supervision, Control and Ope- 
ration of Motor Vehicle Carriers and Drivers of Motor Vehicles of Such Carriers as 
promulgated under and by virtue of the provisions of Chapter 136, Public Laws of 
1927, and adopted by the Commission effective from and after 12:01 o'clock A. M., 
March 1, 1940, is hereby ordered repealed and stricken out and in heu thereof the 
following substituted: 

"Rule 25. (a) Time Schedules Numbered Consecutively. Time schecules 
must be numbered consecutively in the upper right hand corner, beginning with 
number one, and must show the number of the time schedule cancelled. 

(b) Changes In Time Schedules. Changes in time schedules of passenger car- 
riers affecting the time of arrival or departure of any vehicle at or from any station 
or stopping place on the Une or route, or which will effect a reduction or an increase 
in the number of vehicles being operated over any line or route, or which will effect 
a reduction or an increase in the amount of passenger vehicle service rendered at any 
terminal, station, or intermediate stop must be made as follows: A new schedule 
must be issued, bearing the next consecutive number, and shall show reference to 
number of time schedule cancelled thereby. Thus, if Time Schedule No. 1 is desired 
to be cancelled, Time Schedule No. 2 shall be issued, showing that it is cancelling 
Time Schedule No. 1. 

(c) Filing And Posting Notice Of Change In Schedule. A copy of proposed 
time schedule shall be filed with the Commission, together with a brief setting forth 
the reasons for such proposed schedule, and a copy of the proposed schedule mailed 
by registered mail to all connecting or competitive carriers on or before the date of 
posting, and if approved by the Commission notice shall be given to the public by 
posting a copy in a conspicuous place at each station or stopping place affected and 
keep same posted for a period of ten days before same shall be effective. 



General Orders 39 

(d) Commission Action, Emergency, Etc. After ten day posting period, the 
Commission may, on its own motion, or on the filing of sufficient protest by any per- 
son or persons affected, order same withdrawn, modified, or suspended; but unless 
such action be taken by the Commission, the schedule shall be considered in full force 
and effect immediately following the posting period. In case of actual emergency, the 
Commission may, by order, in its discretion, permit such schedules to become effec- 
tive with less than ten days' posting. 

This Order shall be in full force and effect from and after the 1st day of May, 1945. 

Stanley Winborne, Chairman 
t Fred C. Hunter, Commissioner 

R. G. Johnson, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Order U-25-A 

Amending Rule 25 

RULES AND REGULATIONS GOVERNING THE SUPERVISION, CONTROL 

AND OPERATION OF MOTOR VEHICLE CARRIERS AND DRIVERS OF 

MOTOR VEHICLES OF SUCH CARRIERS, ISSUED UNDER AUTHORITY 

OF CHAPTER 136, PUBLIC LAWS OF 1927, AND AMENDMENTS 

THERETO, AND MADE EFFECTIVE FROM AND AFTER 

12:01 O'CLOCK A. M., MARCH 1, 1940. 

RULE 25 of the Rules and Regulations Governing the Supervision, Control and 
Operation of Motor Vehicle Carriers and Drivers of Motor Vehicles of Such Carriers 
as promulgated under and by virtue of the provisions of Chapter 136, PubUc Laws 
of 1927, and adopted by the Commission effective from and after 12:01 o'clock A.M. 
March 1, 1940, is hereby ordered repealed and stricken out and in lieu thereof the 
following substituted: 

"RULE 25. (a) Time Schedules Numbered Consecutively. Time schedules 
must be numbered consecutively in the upper right hand corner, beginning with 
number one, and must show the number of the time schedule cancelled. 

(b) Changes In Time Schedules. Changes in time schedules of passenger 
carrier affecting the time of arrival or departure of any vehicle at or from any 
station or stopping place on the fine or route, or which will effect a reduction, 
or an increase in the number of vehicles being operated over any line or route, 
or which will effect a reduction or an increase in the amount of passenger ve- 
hicle service rendered at any terminal, station, or intermediate stop must be 
made as follows: A new schedule must be issued, bearing the next consecutive 
number, and shall show reference to number of time schedule cancelled thereby. 
Thus, if Time Schedule No. 1 is desired to be cancelled. Time Schedule No. 2 
shall be issued, showing that it is cancelUng Time Schedule No. 1. 

(c) Filing And Posting Notice Of Change in Schedule. A copy of 
proposed time schedule shall be filed with the Commission, together with a brief 
setting forth the reasons for such proposed schedule, and a copy of the pro- 
posed schedule mailed by registered mail to all connecting or competitive car- 
riers so as to be received at least 20 days prior to the effective date of the sched- 
ules. Copies of such schedule must be posted in a conspicuous place at each 
station or stopping place affected for a period of ten days before same is to be 
effective. 



40 N. C. Utilities Commission 

(d) Commission Action, Emergency, Etc. At time any before efifective 
date, the Commission may, on its own motion, or on the filing of sufficient pro- 
test by any person or persons affected, order same withdrawn, modified, or 
suspended; but unless such action be taken by the Commission, the schedule 
shall be in full force and effect on the effective date shown. In case of actual 
emergency, the Commission may, by special permission order, in its discretion, 
reduce the filing and posting time as the emergency may justify. 

This Order shall be in full force and effect from and after the 1st day of December, 
1945. 

^ Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Order No. U-26 

RULES OF PRACTICE AND PROCEDURE, VIZ., RULE NO. 13, NOTICE 
OF INTENTION TO APPLY AND APPLICATIONS FOR AUTHORITY TO 
DISCONTINUE TRAINS, CHANGE TRAIN SCHEDULES, RECLASSIFY 
STATION AGENCIES, REDUCE OR ABANDON STATIONS OR PUBLIC 

TRACKS. 

Order 

Amending Practice Rule No. 13 To Exclude Switching Tracks Except Those 

In Public Use 

APPLICATIONS FOR DISCONTINUANCE OF RAILROAD TRAINS, 
CHANGE IN TRAIN SCHEDULES, DISCONTINUANCE OF STATION 
AGENTS, REDUCTION IN CLASS, OR ABANDONMENT OF STATIONS; 
ABANDONMENT OR REMOVAL OF SWITCHING SERVICE TRACKS. 

1. Stations. Where a railroad company desires to discontinue a station agent, 
change train schedules, reduce the class of the station or to abandon or dismantle 
a station building, it will not be necessary to obtain authority from the Commis- 
sion to post notice notifying the public of intention to make such application; 
but notice shall be posted for a period of ten days on the station door and ticket 
office window, advising the public that at the end of that period the company 
will make application to the Commission at Raleigh, North Carolina, for au- 
thority to discontinue, change, abandon, or dismantle, as the case may be. At 
the time application is made to the Commission, it shall contain a copy of said 
notice, with an affidavit attached of the person posting it, and the affidavit shall 
contain a statement to the effect that the notice was posted by him on a date cer- 
tain and that it remained posted for the entire ten-day period. Such applications 
will not be heard by the Commission unless affidavits are attached. 

2. Train Service. In cases of applications for discontinuance of trains and 
change in train schedules, notices shall be posted in the manner and for the time 
provided above, at all stations along the line of road affected 

3. Public Tracks. Notices of intention to apply for authority to abandon, 
remove or reduce a so-called team or side track on which cars are placed for 
the use of the public in loading or unloading freight, shall be posted for the time 
provided above in paragraph 1 hereof and in the same manner, except in the 
absence of station buildings, the notice may be displayed by use of a stake in 
the ground at or near the track or by other suitable method. 



General Orders 41 

It Appearing, That on April 12, 1945, by order in Ex Parte No. U-24, we amended 
practice rule No. 13 which original rule was adopted August 1, 1942, The Amend- 
ment identified as paragraph No. 3 was designed to require notices of intention to 
abandon side tracks. 

It Further Appearing, That upon reconsideration of the amendment referred 
to in the proceding paragraph that it is desirable to further amend said paragraph 
No. 3 relating to side tracks for the purpose of deleting certain kinds of tracks from 
the provisions thereof; wherefore. 

It Is Ordered, That said order in Ex Parte No. U-24 of April 12, 1945 be, and 
the same is hereby vacated and set aside. 

It Is Further Ordered, That the foregoing rule herein identified as Ex Parte 
No. U-26 be, and the same is hereby adopted as practice rule No. 13 in lieu of the rule 
of April 12, 1945 in Ex Parte No. U-24. The said rule herein adopted takes the place 
of rule No. 13, Page 25 of our printed pamphlet issued August 1, 1942 entitled: 
< 'Rules of Practice and Procedure." 

By order of the Commission. 
This 21st day of September, 1945. 

Charles Z. Flack, Chief Clerk. 



DECISIONS AND ADJUSTMENTS OF COMPLAINTS 

Airports 

APPLICATION OF THE CITY OF BURLINGTON, NORTH CAROLINA, FOR 
APPROVAL OF PLANS TO ACQUIRE NECESSARY ADDITIONAL LANDS 
AND PROPERTY IN LANDS UPON WHICH TO CONSTRUCT EXTEN- 
SIONS AND IMPROVEMENTS TO THE CITY OF BURLINGTON AIR- 
PORT AND FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY 
FOR A PROJECT OF THE CIVIL AERONAUTICS ADMINISTRATION, 
CAA DOCKET NO. 904-31-27, AND FOR AUTHORITY TO EXERCISE 
THE RIGHT OF EMINENT DOMAIN FOR THE PURPOSES AFORE- 
SAID. 

Before Commissioners Winborne And Johnson. 

Appearances: W. D. Madry, Attorney, Burlington, N. C, for City of Burlington. 
George A. Long and J. Dolph Long, Attorneys, Graham, N. C, 
for 

Pete Kirkpatrick 
George Keck 
P. E. Ingle 
R. R. Sharpe 
B. A. Clapp 
Mrs. Offa Kellum 
Fred Ingle 

Order 

Johnson, Commissioner: This cause coming before the Commission upon the veri- 
fied Petition of the City of Burlington, North Carolina, for a certificate of pubUc 
convenience and necessity pursuant to the provisions of Chapter 470 of the Public 
Laws of 1935, for extension and improvement of airport facilities of the City of Bur- 
hngton and for authority to exercise the right of eminent domain in acquiring and 
perfecting title to the land necessary for said extension and improvement. Said Pe- 
tition was filed on the 3rd day of October, 1945, and, after due notice pubhshed in the 
Burhngton Daily Times News, came on for hearing before the Commission on the 
19th day of October, 1945. 

It appears that the applicant, the City of Burhngton, filed an appUcation before 
this Commission for extension and improvement of airport facilities of the City of 
Burhngton on the 6th day of May, 1942, and an order was issued in the cause on the 
21st day of May, 1942, being Docket No. 2648. 

The Civil Aeronautics Administration of the Department of Commerce approved 
a project for the development of the Burhngton Municipal Airport, CAA Docket 
No. 904-31-27, and has allocated for this project the sum of $441,750. 

The approval of this project by the Civil Aeronautics Administration requires 
that the City of Burhngton obtain easements or rights-of-way to trim and/or to 
clear trees on certain properties owned by R. R. Sharpe, B. A. Clapp, Mrs. Offa 
Kellum, the Ben V. May Estate, Susan Keck, George Keck, J. G. Patterson and 
Fred Ingle, in addition to the properties now owned by the City of Burhngton. 



Decisions and Adjustments of Complaints 



43 



The Civil Aeronautics Administration further requires that the City of Burlington 
obtain easements and/or rights-of-way for the purpose of establishing and maintain- 
ing drainage ditches through and over property owned by the Ben V. May Estate, 
C. N. Clark, J. G. Patterson and P. E. Ingle. 

A further condition of the approval by the Civil Aeronautics Administration is the 
acquisition by the City of Burlington of certain additional lands owned by T. H. 
Lloyd, Mrs. G. W. Ingle, Pete Kirkpatrick, L. L. Carter, the Ben V. May Estate, 
W. M. Windham, J. B. Bowman, C. N. Clark, George Keck, J. G. Patterson, P. E. 
Ingle, E. C. Ingle and Fred Ingle. 

A plat entitled "Burlington Airport Property Map," being Drawing No. 839, dated 
August 6, 1945, prepared by the Linberg Engineers showing the present airport prop- 
erty and the proposed extensions, the existing and proposed runways, the locations, 
acreage and metes and bounds of the lands to be acquired, the drainage ditch rights- 
of-way and the lands on which trees are to be trimmed or cut, and names of the owners 
of all of said land so affected, is recorded in the Office of the Register of Deeds of 
Alamance County in Plat Book No. 4, at Page 88, and a copy of said plat is attached 
to the Petition in this cause, marked "Exhibit C." 

Upon consideration of said Exhibits, the testimony offered by Roy L. Williamson, 
Engineer and City Manager for the City of Burlington, and upon representations 
made by the Petitioner through its Attorney, W. D. Madry, the Commission is of 
the opinion and finds: 

1. That the present airport faciUties of the City of Burlington are insufficient to 
meet the needs and demands of various service under conditions now existing and 
are inadequate to meet the requirements of the United States Department of Com- 
merce, Civil Aeronautics Administration, as a modern airport. 

2. That the Petition in this cause is an extension or continuation of the applica- 
tion filed in Docket No. 2648 and is a project within the purview of Chapter 470 of 
the Public Laws of 1935. 

3. That public convenience and necessity has been shown by the Petitioner for 
the proposed extension and improvement of said airport and for further authority 
to exercise the right of eminent domain in the acquisition of the several tracts of land 
particularly defined and described in the aforesaid plat. 

It Is, Therefore, Ordered, That a certificate of public convenience and neces- 
sity be, and the same is hereby, granted to the City of Burlington, North CaroUna, 
for the construction of the additions and making the improvements to its airport as 
described in the Petition, and to that end it is hereby empowered to exercise the 
right of eminent domain for the acquisition of title to additional lands and to obtain 
easements or rights-of-way more particularly described in the plat marked "Exhibit 
C" attached to the Petition in this cause and recorded, as aforesaid, in the Office of 
the Register of Deeds of Alamance County, North Carolina. 



This 24th day of October, 1945. 



Attest: 

Charles Z. Flack, ChieJ Clerk. 
Docket No. 3404. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 



M N. C. Utilities Commission 

APPLICATION OF THE CITY OF BURLINGTON, NORTH CAROLINA, 
FOR APPROVAL OF PLANS TO ACQUIRE NECESSARY ADDITIONAL 
LANDS AND PROPERTY RIGHTS IN LANDS UPON WHICH TO CON- 
STRUCT EXTENSIONS AND IMPROVEMENTS TO THE CITY OF BUR- 
LINGTON AIRPORT AND FOR A CERTIFICATE OF CONVENIENCE 
AND NECESSITY FOR A PROJECT OF THE CIVIL AERONAUTICS AD- 
MINISTRATION, CAA DOCKET NO. 904-31-27, AND FOR AUTHORITY 
TO EXERCISE THE RIGHT OF EMINENT DOMAIN FOR THE PUR- 
POSES AFORESAID. 

Order Overruling Exceptions 
WiNBORNE, Chairman. 

The above case comes again before the Commission upon Exceptions filed by 
Long & Long, Attorneys for various protestants, named in the Order, on November 
2, 1945, to the Order of the Commission dated October 24, 1945. 

After careful consideration of each and all of the four Exceptions filed, the Com- 
mission finds no reason for changing its Order heretofore made on the 24th day of 
October, 1945, and therefore overrules, disallows and denies each and all of said Ex- 
ceptions. 



This the 11th day of December, 1945. 



Attest: 

Charles Z. Flack, Chief Clerk. 
Docket No. 3404. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Electric Light and Power Companies ^ 

PETITION OF RESIDENTS OF THE BOYKIN BRIDGE SECTION OF WAKE 
COUNTY FOR ADEQUATE ELECTRIC SERVICE. 

Order 

This case comes before the Commission on petition of twenty-seven residents of 
the Boy kin Bridge section of Wake County asking this Commission "to take what- 
ever steps are necessary to secure for us adequate electric service at the very earhest 
date, irrespective of what company furnishes the desired service." 

Pending the setting of date for hearing a number of the petitioners called at the 
office of the Commission on several occasions, in force, and discussed the matter. 
All insisted on CaroUna Power and Light Company service. 

Thirteen of the petitioners in 1941 signed with the Wake Electric Membership 
Corporation whose plans called for a line in the Boykin Bridge area. Some of the 
signers for R.E.A. service at the conferences with the Commission said they wished 
release from the R.E.A. 

The area involved is irregular in shape and is about four miles from east to west 
and about the same distance north to south. It is completely surrounded by Caro- 
lina Power and Light Company service. 

According to the testimony of J. H. Mullen of the Commission's staff, who had 
visited the area and who later conferred with J. Leonard Shearin, executive officer of 
the Wake Electric Membership Corporation, it appeared that the delay which the 
project had suffered since 1941 was now practically ended and that the R.E.A. con- 
tractor had sufficient material and labor to complete the said project sometime within 
the next ninety days. 



Decisions and Adjustments of Complaints -M 

H. W. Griffis, the principal witness for the petitioners, stated that he and others 
signed with the Wake Electric Membership Corporation on June 23, 1941, with the 
understanding they would receive service by not later than February, 1942. He re- 
ferred to war conditions which brought about delay and repeated promises of R.E.A. 
to give service within 60 or 90 days which promises never materialized. He referred 
to the efforts of himself and others to get service from the Carolina Power and Light 
Company in 1945 which failed, he said, on account of R.E.A. 's refusal to release 
signers from membership agreement. 

Mr. Griffis said he and the other petitioners were insisting on Carohna Power and 
Light Company service and none other. In this connection he testified: "The service 
of the Carolina Power and Light Company, according to my information, is less ex- 
pensive than that offered by the R.E.A. Also the service that can be rendered by the 
Carolina Power and Light Company according to statements made to me is better 
and they are located here in Raleigh and would make it much easier to pay our bills 
and get service in this community. I think it has already been pointed out that we 
are practically surrounded by Carolina Power and Light Company facilities over at 
Auburn, just across the branch, east of us, across the Neuse River and below Ebenezer 
Church, and, as shown on map, we are in a pocket here with Carolina Power and Light 
service all around us." 

J. H. Hopkins testified to the cheaper rates of the Carolina Power and Light Com- 
pany. 

W. H. Weatherspoon, attorney for the Carolina Power and Light Company, in 
his testimony, advised the petitioners to take R.E.A. service which he said could be 
more quickly obtained. His company, he stated, was not now in position to offer 
service to the petitioners and that it would possibly be two years before the present 
commitments of the company could be completed. 

It being quite clear to the Commission from the testimony and other facts in the 
hands of the Commission that the Carolina Power and Light Company is not now in 
position to supply the service requested by the petitioners and it appearing at this 
time that the Carolina Power and Light Company could not possibly offer service to 
the said petitioners under two years, the Commission is of the opinion that definite 
determination of the matter should be held in abeyance until it shall appear that the 
Carolina Power and Light Company is in position to supply service to the Petitioners 
unless, in the opinion of the Commission, conditions justify that definite action be 
taken sooner. Therefore, 

It Is Ordered : That this cause be retained for such further action at such time as, 
in the opinion of the Commission, conditions justify. 

This, the 17th day of July, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 
Attest: 

Charles Z. Flack, Chief Clerk. 
Docket No. 3513. 



46 N. C. Utilities Commission 

PETITION OF RESIDENTS OF BOYICIN BRIDGE SECTION OF WAKE 
COUNTY FOR ADEQUATE ELECTRIC SERVICE 

Order 

Whereas, On the 17th day of July, 1946, this Commission, after a hearing of the 
above matter, entered an order retaining the cause for such further order as the con- 
ditions might justify; 

And, Whereas, Today Mr. H. W. Griffis, representing the Petitioners, appeared 
before the Commission and requested that the Petition be dismissed; 

Is Is, Now, Therefore, Ordered, That the said Petition be, and the same is, 
hereby dismissed and the Order heretofore entered vacated. 
This 14th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 
Attest: 

Charles Z. Flack, Chief Clerk. 
Docket No. 3513. 

CAROLINA POWER AND LIGHT COMPANY 

RATE FOR RESALE SERVICE 

Order 

In this case the Commission has before it consideration of the substitution of pro- 
posed new rates of the Carolina Power and Light Company for its resale service. 
Schedule RS-1 and Schedule RS-3 for the present Schedule P-20 and Schedule P-21. 

As the proposed new rates will result in a substantial saving to present customers, 
and it appears to the Commission to be in the pubUc interest and in the interest of 
the Company and its customers, now; therefore. 

It Is Ordered : 

(1) That said rate schedules entitled "Resale Service, Schedule RS-1," and "Re- 
sale Service, Schedule RS-3," of the Carolina Power and Light Company, copies of 
which are hereto attached and made a part of this Order, are hereby approved, ef- 
fective on all bills rendered on or after May 1, 1945. 

(2) That said Schedules RS-1 and RS-3 shall supersede Schedules P-20 and P-21 
which are hereby cancelled and withdrawn. 

This the 28th day of May, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 
Attest: 

Charles Z. Flack, Chief Clerk. 
Docket No. 1230. 

RESALE SERVICE 

Schjedule RS-1 
Availability: 

For use and resale by a private, municipal, state, or federal electric utility to serve 
ultimate consumers connected to its own distribution system within the area or areas 
defined in the Agreement for Service. 



Decisions and Adjustments of Complaints 47 

Available for breakdown, standby or supplementary service only when used in 
conjunction with the applicable Rider for such services. 

Type of Service: 

Alternating current, 60 cycles, 2,300 volts nominal or a higher standard voltage 
as mutually agreed upon. 

Monthly Rate: 

$50.00 for the first 25 kw of Demand 

$ 1.70 per kw for the next 175 kw of Demand 

$ 1.45 per kw for all additional kw of Demand 

0.80c per kwh for the first 100,000 kwh 
0.65c per kwh for all additional kwh 

Demand: 

The maximum kw registered during the current month by a demand meter suitable 
for measuring the demands used during a 15-ininute interval, but not less than the 
higher of the following: 

(1) 60 per cent of the maximum kw registered during the preceding 11 months. 

(2) 60 per cent of the kw specified in the Agreement for Service, but in no event 
less than 25 kw. 

Term Discount: 

A customer under contract for service hereunder for a term of 5 years or longer shall 
be allowed a discount from the Monthly Rate as follows: 

Term of 5 years or longer 2 per cent discount 

Term of 10 years or longer 3 per cent discount 

Discounts will not be allowed on bills rendered after earhest expiration date speci- 
fied in the Agreement for Service. Should any contract be terminated before its 
expiration date all term discounts previously allowed will be considered unearned and 
shall be paid by Customer as a part of the termination charge, provided that for con- 
tracts terminated in less than 10 years but after 5 years only one-third of said amount 
shall be returned. 

Payments: 

Bills are due and payable within 10 days from the date of the bill. If any bill is 
not so paid the Company has the right to suspend service in accordance with the 
rules of the State regulatory commission. 

Contract Period: 

Not less than one year. 

Superseding Schedules P-20 and P-21 

Effective on bills rendered on and after May 1, 1945 

CaroHna Power & Light Company 



48 N. C. Utilities Commission 

RESALE SERVICE 

Schedule RS-3 
Availability: 

For use and resale by a private, municipal, state, or federal electric utility to serve 
ultimate consumers connected to its own distribution system within the area or areas 
defined in the Agreement for Service. 

Available for breakdown, standby or supplementary service only when used in 
conjunction with the applicable Rider for such services. 

Type of Service: 

Alternating current, 60 cycles, 2,300 volts nominal or a higher standard voltage as 
mutually agreed upon. 

Monthly Rate: 

$935.00 for the first 500 kw of Demand 

$ 1.35 per kw for all additional kw of Demand 

0.65c per kwh for the first 200,000 kwh 
0.50c per kwh for all additional kwh 

Demand: 

The maximum kw registered during the current month by a demand meter suitable 
for measuring the demands used during a 15 minute interval, but not less than the 
higher of the following: 

(1) 60 per cent of the maximum kw registered during the preceding 11 months. 

(2) 60 per cent of the kw specified in the Agreement for Service, but in no event 
less than 500 kw. 

Term Discount: 

A customer under contract for service hereunder for a term of 5 years or longer 
shall be allowed a discount from the Monthly Rate as follows: 

Term of 5 years or longer 2 per cent discount 

Term of 10 years or longer 3 per cent discount 

Discounts will not be allowed on bills rendered after earliest expiration date 
specified in the Agreement for Service. Should any contract be terminated before its 
expiration date all term discounts previously allowed will be considered unearned 
and shall be paid by customer as a part of the termination charge, provided that for 
contracts terminated in less than 10 years but after 5 years only one-third of said 
amount shall be returned. 

Payments: 

Bills are due and payable within 10 days from the date of the bill. If any bill is 
not so paid the Company has the right to suspend service in accordance with the 
rules of the State regulatory commission. 

Contract Period: 
Not less than one year. 

Superseding Schedule P-21 

Effective on bills rendered on and after May 1, 1945 

Carolina Power & Light Company 

Docket No. 1230. 



Decisions and Adjustments of Complaints 49 

CAROLINA POWER AND LIGHT COMPANY 

RATE FOR SERVICE TO NON-PROFIT ELECTRIC MEMBERSHIP 

CORPORATIONS SERVED 

Order 

In this case the Commission has before it consideration of the substitution of a 
proposed new rate of the Carolina Power and Light Company, appUcable to service 
to non-profit electric cooperatives, for the present Schedule RS-2A. 

This matter has come before the Commission as the result of prolonged negotia- 
tions between the Carolina Power and Light Company, the electric membership cor- 
porations served by them and the Rural Electrification Administration. These parties 
have reached an agreement, subject to the approval of the Commission, under which 
the present rate will be reduced for that electric power and energy purchased whole- 
sale for resale and distributed primarily to farm and domestic customers in rural 
areas and to incidental loads in such areas in connection with the initial processing of 
agricultural crops. For that electric power and energy purchased wholesale and dis- 
tributed to customers who are located within the limits of an incorporated city or 
town and to the larger industrial customers wherever located, the agreement provides 
that the rate will be the Company's resale rate schedule applicable to municipalities 
and other such customers. This is in accord with the principles recognized by the 
Commission in their order of September 1, 1944, adopting the present Schedule RS-2A. 

The Commission recognizes that the development and expansion of rural electrifi- 
cation into sparsely settled areas and rural areas of low economic conditions will tend 
to induce people to remain in the rural areas to engage in agriculture and will in- 
crease their capacity to contribute to the welfare of the state as a whole. The State 
and Federal governments have seen the need for attaining these social objectives 
and at the same time have recognized that rural electrification is not economically 
feasible in many areas of low population density. For this reason, both the State 
and Federal governments have passed laws granting special rights and privileges to 
cooperatives to encourage the extension of electric service to rural areas. 

It appears to the Commission that extension of electric service to rural areas is an 
important element in improving living standards and agricultural development, that 
this improvement affects the whole life of the people of the State and therefore merits 
special consideration, and that the lower rate proposed should increase the abiHty 
of cooperatives to extend service to areas of low population density. 

It appears to the Commission and the Commission so finds that the special treat- 
ment accorded rural cooperatives by the proposed rate is not an unreasonable pref- 
erence or advantage nor does it subject other corporations, persons, or municipalities 
to any unreasonable prejudice or disadvantage. 

In view of the foregoing; therefore, 

It Is Ordered: That Carolina Power and Light Company's Schdeule RS-2C, Re- 
sale Service to Non-Profit Electric Cooperatives, a copy of which is hereto attached 
and made a part of this Order, is hereby approved and made applicable to electric 
membership corporations, effective on all bills rendered on and after September 1, 
1945, and that the said schedule will supersede Schedule RS-2A as of the effective 
date of Schedule RS-2C. 

This the 27th day of September, 1945. g^^^^^^ Winborne, Chairman 

Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner 

Charles Z. Flack, Chief Clerk. 
Docket No. 1604. 
4 



50 N. C. Utilities Commission 

Schedule RS-2C 
RESALE SERVICE 

NON-PROFIT ELECTRIC COOPERATIVES' 

Availability 

For service to Non-Profit Electric Cooperatives incorporated under the laws of 
the State and wholly financed by the Rural Electrification Administration, an agency 
of the United States Government, for all electric service required for resale, primarily 
to rural home and farm consumers who are members of the Cooperative and who are 
not located in incorporated cities or towns. 

Not available for breakdown, standby, or supplementary service in conjunction 
with the generating facilities of Customer or of other electric systems, or for service 
to consumers who are served directly from or are adjacent to Company's facilities or 
the faciUties of any other company or municipaUty, while owned by such other com- 
pany or municipahty, served by Company. 

Type of Service 

Alternating current, 60 cycles, at the voltage of Company's most available existing 
primary distribution circuit. 

Connection 

Customer shall supply, at its expense, suitable connection facilities, located as 
indicated by Company, to which Company will connect its available primary dis- 
tribution circuit at the expense of Customer, exclusive of the labor of Company's 
employees. Customer's connection facilities shall be made in accordance with speci- 
fications not less than the requirements of the National Electric Safety Code of the 
United States Bureau of Standards. 

Customer shall provide, on its side of the point of connection, necessary devices 
for the protection of Company's facilities; the type, installation, and coordination of 
such devices with Company's protective devices, shall be mutually agreed upon. 

Liability Insurance 

Customer shall have in effect at all times, when service is contracted for under this 
Schedule, adequate insurance covering workman's compensation UabiUty, pubUc 
liabihty, and property damage. 
Rate 

0.75c (seven and one-half mills) per kilowatt-hour 

Minimum Monthly Bill 

$1.50 per kilowatt (kw) for the maximum kw registered during the current month 
by a demand meter suitable for measuring the demands used during a 15-minute 
interval, but not less than 70 per cent of the maximum kw registered during the pre- 
ceding months of the Contract Period, nor in any event less than 25 kw. 

Reservation 

Service delivered to Customer for resale to its non-residential and non-farm mem- 
ber consumers who are not located in incorporated cities and towns and who have 
either (1) an individual demand of less than 25 kw or (2) are directly engaged in 
the initial processing of agricultural crops and have an individual demand of less than 
75 kw, may also be served under this Schedule. 



Decisions and Adjustments of Complaints 51 

Service delivered to Customer for resale to its consumers who are non-members, 
or to its member consumers who have an individual demand greater than specified in 
the next preceding paragraph, or to any of its consumers who are located within the 
limits of an incorporated city or town, will be billed under Company's resale rate 
schedule applicable to municipalities and other such customers. 

Service deUvered to Customer for resale to a third party for redistribution or re- 
sale, or that is standby, supplementary to or interchangeable with another source 
of supply available to Customer, will be billed under Company's resale rate schedule 
(and rider in cases of standby, supplementary, or interchange service) applicable to 
municipalities and other such customers. 

In the event that any court or regulatory body having jurisdiction shall find that 
this Rate Schedule is unlawfully discriminatory in favor of Customer or against any 
other customer of Company, then Company shall be entitled to withdraw this Rate 
Schedule, and Customer shall be billed under such other rate schedule as may be ap- 
proved by the State regulatory commission having jurisdiction; provided, however, 
if Company institutes procedures which result in such other rate schedule being ap- 
proved which would cause Customer to pay a greater amount for service than the 
amount payable under this Rate Schedule, Customer shall have the right to termi- 
nate the Agreement for Service by giving notice in writing within thirty days after 
the effective date of such other rate schedule, setting forth the date of termination. 
During the interim period until termination is effected, Customer shall be billed under 
the then effective rate schedule. If Customer has not terminated taking service by date 
established in the termination notice then the termination notice will be considered 
as withdrawn and cancelled, and the Agreement for Service shall remain in full force 
and effect. 

Payment 
Bills are due and payable within 15 days from date of bill. 

Contract Period 

For not less than five years as to a new Agreement for Service, or for a five year 
extension of time from the effective date of this Rate Schedule when this Schedule is 
substituted for another by an amendment to a presently effective Agreement for 
Service, with automatic extensions for five years each, unless cancelled by written 
notice given by either party to the other not less than one year prior to any expiration 
date. 

Conflicts 

In case this Rate Schedule contains provisions not contained in the Agreement for 
Service to which it is attached and in case of any conflict between the provisions of 
this Rate Schedule and the provisions of such agreement for Service, then all such 
provisions of this Rate Schedule shall govern and be effective. 

Superseding Schedule RS-2A— N. C. 
Superseding Schedule RS-2B— S. C. 

Effective on all bills rendered on and after September 1, 1945 
CaroHna Power and Light Company 

Docket No. 1604. 



52 N. C. Utilities Commission 

CAROLINA POWER AND LIGHT COMPANY 

AMENDMENT OF RURAL EXTENSION PLAN AND WITHDRAWAL OF 
RURAL VILLAGE SERVICE PLAN. 

Order 

In this case the Carolina Power & Light Company submits for approval two 
amendments to its Standard Rural Extension Plan R-5 and has requested with- 
drawal of its Rural Village Service Plan R-4. 

As the proposed amendments to the Rural Extension Plan eliminate the necessity 
of the Rural Village Service plan and appear to the Commission to be in the pubUc 
interest and in the interest of the Company and its customers, now, therefore 
It Is Ordered: 

(1) That the Company's Standard Rural Extension Plan R-5 be amended by sub- 
stitution for Section 2(c), Top Lines, the revised section attached to this order and 
made a part hereof. 

(2) That under Section 4, Definitions, the following be added: 
(e) Urban Secondary Distribution System 

The secondary distribution system serving any incorporated community in 
which the Company has more than twenty-five meters through which service is 
rendered to customers on an annual basis. 

(3) That the Companj-^'s Rural Village Service Plan R- 4 be cancelled and with- 
drawn as of December 1, 1944. 

This 21st day of November, 1944. g^^^^^^ Winborne, Chairman 

Fred C. Hunter, Commissioner 



R. G. Johnson. Commissioner. 



Attest: 

R. O. Self, Chief Clerk. 



(c) Tap Lines 

(1) Company Owned 

(1) Company will own, construct, operate, and maintain a tap line for cus- 
tomer under the following conditions : 

a. Customer will furnish without cost to Company satisfactory rights-of- 
way, including tree trimming rights, for the tap line and such additional 
facilities as may be necessary for Company to serve another or other 
customers from the tap line over the same rights-of-way. 

b. Customer will contribute an amount equal to the Construction Cost of 
the tap line less an amount equal to 750 feet times the average Construc- 
tion Cost per foot of the tap line. 

c. Customer's Guarantee of Revenue will be increased to an amount equal 
to the monthly Guarantee of Revenue plus 20c per month for each whole 
50 feet of tap line in excess of 3,000 feet. 

When Company serves an additional customer or customers from an 
existing tap line owned by the Company, such tap line will be classed and 
treated as a line extension and customer who originally contributed to its 
cost shall be entitled to any and all refunds and adjustments provided for 
customers contributing to a fine extension. 



Decisions and Adjustments of Complaints 53 

(2) Customer Owned 

Company will construct, operate, and maintain a tap line for customer 
provided customer will pay Company for the Construction Cost of tap line 
exclusive of the first open and pole and, in addition to the regular monthly 
billing for service, a monthly maintenance charge of 123^c per pole for each 
pole in the part of the tap line owned by customer. The Company will own 
the first span and pole of the tap line and customer will own all other spans 
and poles. 

Docket No. 2158. 

CAROLINA POWER AND LIGHT COMPANY 

IN THE MATTER OF REDUCTION OF GUARANTEE OF REVENUE 
UNDER THE STANDARD RURAL EXTENSION PLAN E-5 FOR CERTAIN 
MULTIPLE SERVICE CUSTOMERS 

Order 

In this case the Carolina Power & Light Company has asked the Commission 
for permission to reduce the guarantee of revenue for those customers who are re- 
ceiving multiple service of the same classification under the Standard Rural Exten- 
sion Plan R-5 from $3.00 per month per customer to $2.00 per month per customer. 

As the proposed reduction in the guarantee of revenue appears to the Commission 
to be in the public interest and in the interest of the Company and its customers, 
now, therefore 

It Is Ordered: 

That, effective on and after December 1, 1944, the guarantee of revenue under 
Standard Rural Extension Plan R-5 to those customers who are receiving multiple 
service of the same classification shall be $2.00; provided, however, that nothing 
in this order shall be construed to relieve a customer from the obligation to pay the 
monthly charges computed in accordance with the Company's applicable rate or 
the applicable rate as modified by the Commission's order regarding administration 
of rates. 

This 21st day of November, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

R. O. Self, Chief Clerk. 

Docket No. 2158. 

CAROLINA POWER AND LIGHT COMPANY 

AMENDMENT OF RURAL EXTENSION PLAN 

Order 

In this case the Commission has before it consideration of an amendment to the 
Standard Rural Extension Plan R-5 of Carolina Power & Light Company. 

As the proposed amendment lowers the monthly guarantee of revenue applicable 
to rural schools and appears to the Commission to be in the public interest and in the 
interest of the Company and its customers; now, therefore, 



54 N. C. Utilities Commission 

It Is Ordered: 

That the Company's Standard Rural Extension Plan R-5 be amended by changing 
the title of Section 2 from "Guarantee of Revenue" to "Supplying Service" and that 
the sub-sections (a), (b), and (d) attached to this Order and made a part hereof be 
substituted for the present sub-sections (a), (b), and (d), respectively. 

This 6th day of February, 1946. g^^^^^^ Winboene. Chairman 

Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 2158. ' 

Amendment of Section 2 
2. Supplying Service 

(a) Guarantee of Revenue 

The amount of revenue guaranteed by the customer for electric service shall 
be $2.00 per month, except in the case of Rural Churches and Rural Schools where 
the guarantee of revenue shall be $1.50 per month. 

(b) Billing 

The Customer shall be billed in accordance with the provisions in the applicable 
rate schedule but not less than the guarantee of revenue. 

(d) Tenants or Lessees 

The revenue from tenants or lessees of premises, which, in Company's opinion, 
will not be continuously occupied by continuous users of electric service, will not be 
considered in estimating the annual revenue to be received unless the owner guaran- 
tees performance of contracts and payment of bills under the tenant's or lessee's 
Service Agreement, or unless other arrangements satisfactory to Company have 
been made. 

Effective March 1, 1946. 

Docket No. 2158. 

CAROLINA POWER AND LIGHT COMPANY 

VARIOUS RIDERS TO RATE SCHEDULES 

Order 

In this case the Commission has before it certain riders to rate schedules which 
have been filed by the Carolina Power and Light Company for approval. 

Upon consideration of the proposals, the Commission is of the opinion that the 
riders to rate schedules should be approved, therefore; 

It Is Ordered: That the Carohna Power and Light Company is hereby authorized 
to put into effect on bills rendered on and after June 1, 1945, riders to rate schedules, 
copies of which are attached hereto and made a part of this Order, as follows: 

Rider No. 5-A, Seasonal or Intermittent Service, and superseding existing Rider 
No. 5. 

Rider No. 8, Interruptible Service. 

Rider No. 9, Highly Fluctuating or Intermittent Loads, and superseding present 
provision of the Rules and Regulations with reference to Fluctuating Load. (Docket 
No. 1943) 



I 



Decisions and Adjustments of Complaints 55 

Rider No. 10, Low Power Factor Installations, and superseding present provision 
of the Rules and Regulations with reference to Power Factor Adjustment. (Docket 
No. 275) 

Rider No. 11, Gaseous Discharge Lamp Installations, and superseding "Rider to 
Schedules Permitting the Use of Lighting." (Docket No. 2094) 
This the 28th day of May, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 2734. 

SEASONAL OR INTERMITTENT SERVICE 

Rider No. 5-A 

Availability: 

In conjunction with the Miscellaneous General Service Schedule G-IA for a Cus- 
tomer whose electric service requirements are all taken from Company and which 
are Umited to certain months of each year or vary greatly from month to month. 

Not available for short term, temporary, standby, or supplementary service. 

The provisions of Schedule G-IA are modified only as shown herein. 

Billing: 

1. The monthly bill shall be an amount computed under Schedule G-IA for the 
Demand estabUshed and the kilowatt hours used during the current month. 
In months when service is not used the minimum monthly bill will not be ap- 
pUcable. 

2. To the monthly bill for each of three consecutive months in each contract year 
will be added a facilities charge of $1.00 per kw of demand specified in the 
Agreement for Service but not less than 4,0 per cent of the Construction Cost of 
the local facilities installed to serve Customer. For each contract year, this facil- 
ity charge will begin with the first billing month in which service is used, and 
when no service has been used during the contract year to date it will begin 
with the tenth billing month of the contract year. 

3. From the monthly bill will be deducted a credit of 25c for each kw of Demand 
billed to Customer for service used during that month. 

Demand: 

The maximum kw registered during the current month by a demand meter suitable 
for measuring the demand used during a IS-minute interval, subject to the following 
provisions: 

1. If Customer gives Company advance notice of the date within a bilHng month 
on which a major change in Customer's electric service requirements will occur 
and the maximum kw registered either prior to or subsequent to the date of 
change is less than 50 per cent of the maximum kw registered during such billing 
month, the Demand will be the weighted average of the maximum kw registered 
in each of the two portions of the month according to the number of days 
in each portion. 

2. Whenever Customer is using service, the Demand shall be not less than 5 per 
cent of the kw specified in the Agreement for Service. 



56 N. C. Utilities Commission 

Removal of Facilities: 

If Customer is not using service or is only partially using service, Company may, 
after notice to Customer, remove any of its transformers and other equipment 
(other than structures and conductors), or may substitute other equipment for that 
which is being only partially used by Customer. In either event Company will 
furnish and install, at its expense, the same or equivalent equipment, or any needed 
substitute equipment, at the time Customer notifies Company of his desire to resume 
taking service. 

Contract Period: 

Not less than one year. 
Superseding Rider No. 5. 

Effective on bills rendered on and after June 1, 1945. 
Carolina Power and Light Company. 

INTERRUPTIBLE SERVICE 

kvailaUlity: Rider No. 8 

This Rider is available in conjunction with any service agreement, of which the 
Standby and Supplementary Service Rider No. 7A is a part, for a Contract Demand 
of not less than 300 Kw when Customer owns and maintains a generating plant, the 
largest unit of which is not less than 250 Kva rated capacity and the total capacity 
of which is not greater than 2,000 Kva, which Customer agrees to shut down whenever 
Company desires to supply Interruptible Service. 

The provisions of the applicable rate schedule and of Rider No. 7A are modified 
only as shown herein. 

Definitions: 

Interruptible Service. 

Interruptible Service is that power and energy which Company may desire to sup- 
ply from time to time to replace the power and energy which otherwise would be 
produced by Customer's generating plant. Interruptible Service may be discontinued 
by Company in its sole discretion at any time, and in such event Customer will, at 
his expense, operate his generating capacity, that was shut down, until Interruptible 
Service is again made available. 

Company will give Customer at least 10 days notice prior to the time Interruptible 
Service is to be made available or discontinued. 

Plant Capacity: 

Plant Capacity is the actual productive capacity in Kw of the generating equip- 
ment maintained in operating condition which Customer has agreed to shut down 
when Company desires to supply Interruptible Service. Plant Capacity will be 
established from time to time by agreement or test and when established by test it 
shall be the highest 15-minute net output in Kw of such generating equipment taken 
at the end of a sustained trial run of sufficient duration to determine capability. 
It shall not be greater than the Kva rating of the electric generators involved times 
the normal power factor of Customer's load. For the purpose of this agreement it 
shall be initially Kw. 

Monthly Billing: 

In accordance with the provisions of the applicable rate schedule and of the 
Standby and Supplementary Service Rider No. 7A with a credit of $1.00 for each of 



Decisions and Adjustments of Complaints 57 

the first 200 Kw and $0.75 for each additional Kw of (a) the Plant Capacity up to 
the Contract Demand when Customer has agreed to shut down all the generating 
equipment installed in his plant, or (b) the Plant Capacity up to the Kw of Supple- 
mentary Service billed during the current month when Customer has agreed to 
shut down only a part of the generating equipment installed. 

If the maximum measured demand supplied Customer, when Interruptible Service 
is not available, is less than the billing demand for which Customer would otherwise 
be obligated to pay, the 60 per cent of Demand ratchet in Rider No. 7A will be 
waived, and when no service is taken only Standby Service will be billed. 

For months during which Interruptible Service was available only part of the time, 
the Demand will be determined separately for each condition of availability, and 
biUing will be computed on a prorata basis in accordance with the number of days 
during which each condition obtained, assuming load factors on the separate billing 
Demands to be the same if actual kilowatt-hour meter readings are not available. 

If the Plant Capacity is operated when Interruptible Service is available, the De- 
mand for billing purposes will be the sum of the maximum metered demands supphed 
by Company and by Customer's Plant Capacity, but not more than Customer's maxi- 
mum load during the current month. Credits and the waiver of the 60 per cent of 
Demand ratchet may be withdrawn when Customer fails to operate his Plant Capac- 
ity when Interruptible Service is not available. 

When Customer either operates or fails to operate his Plant Capacity as a result 
of a breakdown emergency, the established basis for billing and credits shall remain 
unchanged. 
Contract Period: 

As specified in the Agreement for Service, but not less than one year. 
Effective on and after June 1, 1945. 
Carolina Power and Light Company. 

HIGHLY FLUCTUATING OR INTERMITTENT LOADS 

Rider No. 9 
Availability: 

This rider is to be used in conjunction with any rate schedule when service is taken 
for welding equipment, X-ray apparatus, elevator motors, compressor motors, elec- 
tric furnaces, or other similar equipment and Customer thereby imposes on Company's 
system a highly fluctuating or intermittent load in excess of 40 per cent of the highest 
metered demand for the interval provided in the rate schedule. 

The provisions of the rate schedule with which this rider is used are modified only 
as shown herein. 

Definition: 

A Highly Fluctuating Or Intermittent Load is a load imposed on Company's system 
for an extremely short duration whose magnitude is not reflected in the regular reg- 
istered monthly demand. 

Demand: 

The Demand determined in accordance with the provisions of the rate schedule 
with which this rider is used plus six-tenths of the Highly Fluctuating Or Intermittent 
Load. 



58 N. C. Utilities Commission 

Highly Fluctuating or Intermittent Load: 

The total kilo volt-amperes (Kva) capacity necessary to maintain proper voltage 
less the Kva capacity required when the Highly Fluctuating Or Intermittent Load 
is not operating; or, at Company's option may be either of the following: 

1. The rated capacity in Kva of the equipment causing the Highly Fluctuating 
Or Intermittent Load. 

2. The Kva computed from the nominal voltage and the highest instantaneous 
current flow obtained when the Highly Fluctuating Or Intermittent Load was 
operating, less the Kw registered for the demand interval in which this highest 
current flow occurred, less 40 per cent of the maximum metered demand reg- 
istered during the preceding twelve months. 

The Highly Fluctuating Or Intermittent Load will not be determined more fre- 
quently than once in twelve months unless Customer removes or installs equipment 
or changes his operating conditions. 

Contract Period: 

As specified in the Agreement for Service but not less than one year. 
Efifective on bills rendered on and after June 1, 1945. 
Carolina Power and Light Company. 

LOW POWER FACTOR INSTALLATIONS 

AvaiXahiMty: Rider No. 10 

This Rider is to be used in conjunction with any rate schedule whenever Customer's 
power factor, during times of normal use, is less than 80 per cent lagging. 

The provisions of the rate schedule with which this Rider is used are modified 
only as shown herein. 

Demand: 

The Demand determined in accordance with the provisions of the rate schedule 
with which this Rider is used plus one-fifth of the Excess Reactive Demand. 

Excess Reactive Demand: 

The maximum kilo volt-amperes of reactive demand (kilovars) registered during 
the current month, by a kilovar meter suitable for measuring the reactive demand 
used during a 15-minute interval, in excess of three-quarters of the Demand deter- 
mined in accordance with the provisions of the rate schedule with which this Rider is 
used. 

Contract Period: 

As specified in the Agreement for Service. 
Effective on bills rendered on and after June 1, 1945. 
CaroHna Power and Light Company. 

GASEOUS DISCHARGE LAMP INSTALLATIONS 

AvailahiUty: Rider No. 11 

This Rider is to be used in conjunction with any rate schedule when Customer, 
after December 1, 1940, installs, replaces, relocates, or rearranges Neon, fluorescent, 
mercury vapor or other types of gaseous discharge lamps with a power factor of less 
than 90 per cent lagging. 



Decisions and Adjustments of Complaints 59 

The provisions of the rate schedule with which this Rider is used are modified only 
as shown herein. 

Additional Monthly Rate: 

0.35c for each Excess Volt Ampere. 

Excess Volt Amperes: 

The Excess Volt Amperes is the volt ampere rating of all separately controlled 
gaseous discharge lamp or group of lamps, with a power factor of less than 90 per 
cent lagging, in excess of the respective wattage rating as obtained from information 
suppUed by the manufacturer or by test. 

Contract Period: 

As specified in the Agreement for Service. 
Superseding "Rider to Schedules Permitting the Use of Lighting." 
Effective on bills rendered on and after June 1, 1945. 
CaroHna Power and Light Company. 

Docket No. 2734. 

CAROLINA POWER AND LIGHT COMPANY, EX PARTE 

Order 

This day came CaroUna Power and Light Company (hereinafter sometimes re- 
ferred to as "Company") and presented its Application (1) for permission to issue 
not more than 156,158 shares of $5 Preferred Stock, without nominal or par value, 
pursuant to the authority contained in its Charter as amended on March 4, 1929, for 
use in exchanging, on a share for share basis, shares of $5 Preferred Stock for shares 
of presently outstanding $7 and $6 Preferred Stock, and (2) for permission to reduce 
the Company's Preferred Stock liability by calling for redemption and retiring a 
portion of its outstanding $7 and $6 Preferred Stock, but in any event, not less than 
ten (10) per cent thereof, plus such additional amount as shall be necessary to avoid 
calling or issuing fractions of shares; and upon motion of its counsel: 

It Is Ordered, that said Application be and is hereby filed, and that this matter 
be and is hereby docketed and set for immediate hearing upon said application and 
upon the testimony and statements to be submitted for the consideration of the 
Commission; and 

Thereupon, this matter came on this day to be heard and was heard and the Com- 
mission finds that the Company is a North Carolina corporation, owning and oper- 
ating in North Carolina and in South Carolina facilities for generating, distributing, 
delivering and selling electric power and energy to the public for compensation, and 
that as a public service corporation, the Company is subject to regulation by this 
Commission as to rates, service and security issues; that the Company is authorized 
by a charter amendment dated March 4, 1929, to issue as much as 300,000 shares of 
$5 Preferred Stock, without nominal or par value, having a redemption price of $110 
and having the same preferences, restrictions, voting powers, and other rights, ex- 
cept as to dividend rates, as are applicable to the outstanding $7 Preferred Stock and 
$6 Preferred Stock; that the proposed issue of $5 Preferred Stock, and the exchang- 
ing thereof for outstanding $7 Preferred Stock and $6 Preferred Stock, to the extent 
and according to the manner and method set forth in the AppUcation, are for lawful 
objects within the corporate purposes of the Company, are compatible with the pub- 
lic interest, are necessary or appropriate for or consistent with the proper performance 



60 N. C. Utilities Commission 

by said Company of its service to the public as a public utility and will not impair 
the Company's abihty to perform that service, are reasonably necessary and appropri- 
ate for such purposes, are in the public interest and in the interest of consumers and 
investors; and the Commission being of the opinion that the prayers in the Applica- 
tion should be granted and that the proposed transactions should be approved and 
authorized; 

It Is Therefore Ordered, Adjudged And Decreed that the Carolina Power 
and Light Company be and is hereby authorized, empowered and permitted: 

1. To issue such number of shares of $5 Preferred Stock, without nominal or par 
value, as may be necessary, but not in excess of 156,158 shares, in connection with 
the exchange, and to deliver such shares of $5 Preferred Stock to shareholders in an 
exchange, on a share for share basis, for outstanding $7 Preferred Stock and $6 Pre- 
ferred Stock; 

2. To call for redemption, at the call price of $110 per share, plus accrued and un- 
paid dividends thereon to the date of redemption, all shares of $7 Preferred Stock 
and $6 Preferred Stock not deposited for exchange; 

3. To, in any event, call for redemption ten (10) per cent of the aggregate number 
of shares of $7 Preferred Stock and $6 Preferred Stock outstanding, plus such ad- 
ditional amount as shall be necessary to avoid calling or issuing fractions of shares, 
and, if in order to effect such redemption, it should be necessary to call for redemp- 
tion any shares deposited for exchange, to exempt from the call for redemption the 
first one hundred ( 100) shares deposited for exchange by or on behalf of any record 
and beneficial owner or any beneficial owner; 

4. To reduce the preferred stock liabihty of the Company, carried on its books at 
$17,350,800, by an amount equal to the number of shares called for redemption and 
retired times One Hundred ($100) Dollars; 

5. To make the necessary and appropriate entries upon the Company's books, 

(a) To record the issuance of the $5 Preferred Stock in the Capital Stock account 
by credit to such account at the rate of $100 per share, which is also its liquidating 
value, and to record the retirement of the presently outstanding $7 Preferred Stock 
and the $6 Preferred Stock, through exchange for $5 Preferred Stock, by a charge 
to Capital Stock account at the rate of $100 per share, its stated value, 

(b) To record the retirement of the remaining unexchanged shares of presently 
outstanding $7 Preferred and $6 Preferred stocks through call for redemption at 
$110 per share and accumulated dividends by charge to Capital Stock account at the 
rate of $100 per share, charge to earned surplus the redemption premium at the rate 
of $10 per share, and charge to earned surplus for the amount of dividends accrued 
to the date of redemption. The total cost of such redemption, including accrued 
dividends being a reduction or credit to the cash account, 

(c) To take into account the commissions and costs presently estimated at 
$324,234, to be incurred in effecting the exchange of Preferred Stocks by a charge 
to Capital Stock Expense account and the reduction or credit of a like amount 
to cash account, and 

(d) To make disposition of Preferred Capital Stock Expense now carried on the 
books of the Company in the amount of $626,637 by a charge of such amount to 
earned surplus and by a credit to Capital Stock expense account. 

6. To decline, at its election, to consummate the proposed Plan of refinancing the 
$7 Preferred Stock and $6 Preferred Stock and to withdraw the same if the holders of 



Decisions and Adjustments of Complaints 61 

less than seventy-five (75) per cent of the shares thereof do not accept the offer of 
exchange in accordance with the terms and conditions thereof. 

It Is Further Ordered that this proceeding be and the same hereby is continued 
on the docket of the Commission without day for any other action that may be found 
or deemed necessary or advisable. 

Dated this 16th day of March, 1945. 
By Order Of The Commission. 

Docket No. 3285. 

CAROLINA POWER AND LIGHT COMPANY 

ORDER GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND 
NECESSITY UNDER G. S. 62-101 FOR THE ACQUIREMENT OF ELEC- 
TRIC DISTRIBUTION SYSTEM OF EARP POWER, LIGHT AND TELE- 
PHONE COMPANY, INC., IN JOHNSTON COUNTY, NORTH CAROLINA 

This matter arises upon petition of Carolina Power and Light Company for the 
grant of a Certificate of Public Convenience and Necessity under Section 62-101 of 
the General Statutes of North Carolina for authority to acquire by purchase the 
electric distribution system of the Earp Power, Light and Telephone Company, Inc. 
in Johnston County, North CaroUna. 

A hearing was held at 10:30 o'clock A. M. May 22, 1945 in the Hearing Room of 
the North Carohna Utilities Commission, Raleigh, N. C. at which there were present 
and participating in the hearing: J. W. Earp, President of the Earp Power, Light and 
Telephone Company, Inc., Dr. R. E. Earp, the principal stockholder of said Com- 
pany, and A. Y. Arledge, Attorney representing the petitioner, Carolina Power and 
Light Company. 

It was made to appear, and the Commission finds as a fact that the Earp Power, 
Light and Telephone Company, Inc. duly delivered a written notice to each of its 
customers in words and figures as follows: 

''Selma, N. C. 
April 25th, 1945 
Dear Customer: 

We plan to sell to Carolina Power and Light Company our entire electrical business 
under an arrangement whereby the Power Company will become obligated to con- 
tinue to furnish electric service to you under its standard rates, rules, and regulations. 

We beheve that this sale will result in benefit to you and others who are now being 
served by us. However, if you feel that this sale will not be in the public interest, 
you may state your reasons therefor to the North Carolina Utilities Commission, 
Raleigh, North Carolina, on or before the 15th day of May, 1945. 
Yours very truly, 

Earp Power, Light and Telephone Company, Inc. 
By James Earp, President.'' 

And that no complaint has been made to, and no objection has been registered 
with, the Commission in opposition to the proposed transfer of the properties in 
question to CaroUna Power and Light Company. Upon said hearing the Commission 
considered the petition, the verbal testimony offered and statements of the respective 
parties made in open hearing and finds as a fact: 

1. That the petitioner, Carolina Power and Light Company, is a public service 
corporation duly organized, chartered, and existing under the laws of the State of 



62 N. C. Utilities Commission 

North Carolina, and is engaged in the business of generating, transmitting, and 
distributing electric power and energy for public use in a considerable section of 
the State of North Carolina, including Johnston County, all under the regulatory 
supervision of the North Carolina Utilities Commission. That the Earp Power, 
Light and Telephone Company, Inc. is a public service corporation, duly organized, 
chartered, and doing business under the laws of the State of North Carolina, for the 
principal purpose of supplying electricity to the plantation of Dr. R. E. Earp, known 
as Brookhill Farms, located in O'Neill Township, Johnston County, and to the 
tenants, employees and residents thereon, including members of the public, who 
reside between said plantation and the town of Selma in Johnston County, and has 
for a number of years been operating under the regulatory supervision of the North 
Carohna Utilities Commission. 

2. That the Earp Power, Light and Telephone Company, Inc. constructed the 
principal portion of its distribution system during or soon after the year 1934 and 
has made small extensions thereto from time to time, so that it now consists of about 
20 miles of distribution lines, with appurtenant facilities, is in a good state of repair, 
is presently serving 67 customers, and that the original construction cost of said 
distribution system was approximately $17,500.00. 

3. That the Earp Power, Light and Telephone Company, Inc. desires to sell at the 
price of $10,000.00 in cash, and by proper deed convey, its said electrical distribution 
system to the petitioner to be made a part of petitioner's system for the supply of 
electric power service to the customers now being served by said Earp Power, Light 
and Telephone Company, Inc., and to other members of the public along the line who 
may desire electric power service, and who meet the petitioner's standard require- 
ments in respect thereto; that the petitioner desires to acquire said distribution system 
at said price and assume the obligation to serve as aforesaid. 

4. That the territory served by the Earp Power, Light and Telephone Company, 
Inc.'s distribution system is contiguous to territory already occupied by petitioner 
and is completely surrounded by petitioner's high voltage lines from which petitioner 
serves either at wholesale or retail, all the electric power used commercially in John- 
ston County, and petitioner owns and operates 455 miles of rural distribution lines in 
said County, which traverse virtually every section of said County and serves a large 
number of customers therein, resulting in petitioner being in position to adequately 
supply the public needs for electric power in the area affected under future regulatory 
supervision. 

5. That the acquirement of said distribution system by the petitioner and the 
supply of electric power to the area affected by it will be in the pubUc interest and 
that public convenience and necessity will be served and promoted thereby in that the 
Earp Power, Light and Telephone Company, Inc. does not desire to continue in 
business; that if it should continue in business and desired to extend its facilities to 
serve the public in general it would have little or no opportunity for enlargement 
owing to the fact that the petitioner is occupying virtually all of the contiguous terri- 
tory and completely surrounds the affected area with its high voltage and distribution 
transmission lines; that the petitioner's rates are more favorable to the present cus- 
tomers of the Earp Power, Light and Telephone Company, Inc. in that petitioner's 
standard rates which will be in force will result in a saving of approximately 33 M per 
cent per annum of the present power cost to said customers; that for the further rea- 
son that the larger facilities and power sources of the petitioner will be decidedly ad- 
vantageous to the customers and the area affected. 



Decisions and Adjustments of Complaints 63 

It is, Therefore, Ordered that the Earp Power, Light and Telephone Company, 
Inc. is hereby authorized to sell and by proper deed convey, and Carolina Power and 
Light Company is hereby authorized to purchase at the price of $10,000.00 in cash 
and accept conveyance of all of the properties of Earp Power, Light and Telephone 
Company, Inc. consisting of all of the lines, poles, conductors, crossarms, transform- 
ers, meters, and other appurtenant facilities in place, composing the electrical distri- 
bution system of Earp Power, Light and Telephone Company, Inc. located in John- 
ston County, North Carolina, and used, or useful, in the operation thereof, together 
with all easements, rights of way, and privileges owned by said Earp Power, Light & 
Telephone Company, Inc. 

It is Further Ordered that a Certificate of Public Convenience and Necessity be, 
and it is hereby, granted to CaroUna Power and Light Company to purchase said 
properties from the Earp Power, Light & Telephone Company, Inc. at the price 
aforesaid and to engage in the operation thereof to the full extent authorized by its 
charter and that this order shall, and does hereby, constitute such a certificate. 

It is further ordered that the Earp Power, Light and Telephone Company, Inc. 
cease to operate said distribution system upon the consummation of said sale and 
conveyance of said property to Carolina Power and Light Company and that the 
Carolina Power and Light Company thereupon and without interim take over the 
operation of said electrical distribution system and supply power service to the exist- 
ing customers thereof and to other members of the pubUc in the area affected who 
desire electrical power service and who meet the Carolina Power and Light Company's 
standard requirements in respect thereto. That both of said concerns advise the 
Commission in writing immediately upon the consummation of said sale and the 
date on which the operation thereof is terminated by the Earp Power, Light and Tele- 
phone Company, Inc. and is taken over by CaroHna Power and Light Company. 

This 22nd day of May, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Docket No. 3332. 

CAROLINA POWER & LIGHT CO. 
METHOD OF BILLING FOR UNMETERED SERVICE RENDERED 

Order 

In this case the Commission has before it consideration of a proposal by Carolina 
Power and Light Company relative to billing of customers rendered unmetered 
service. 

It appears to the Commission that unmetered service is. necessary on account of 
the present shortage of meters and that the method of billing for such service proposed 
by the Company is fair and reasonable and in the interest of the Company and its 
customers; now, therefore. 

It Is Ordered: 

(1) That for such period as customers are rendered unmetered service, the Com- 
pany shall estimate the kilowatt hours used, and demand where appropriate, based 
upon the customer's utilization equipment, and render bills under applicable rate 
schedules. 



64 N. C. Utilities Commission 

(2) That after the installation of a meter, adjustment shall be made of previous 
billing based upon usage registered by the meter, provided that no adjustment shall 
be made when the difference between the estimated quantities and the metered 
quantities is less than 10 per cent of the metered quantities. 

This the 9th day of May, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3622. 

LINVILLE VALLEY LIGHT AND POWER COMPANY 
EXTENSION OF ELECTRIC SERVICE TO HUGHES, NORTH CAROLINA 

Order 

In this case the Linville Valley Light and Power Company petitions the Commis- 
sion for authority to extend its electric service to Hughes, North Carolina, a nearby 
Community to the present service of the Company, on the grounds that it is the 
logical Company to supply this service and that the people in said territory are en- 
titled to service under the law of convenience and necessity. 

The Company estimates that the project would cost about $2,500 and would pro- 
duce about $125.00 a month additional revenue. It is also pointed out by the Com- 
pany that as it operates a hydro plant there will be no additional fuel expense except 
in case of low water and in such emergencies it has Diesel engine standby. 

In the light of reasons given, the general situation and the belief that the extension 
will be in the interest of all concerned, the Commission is of the opinion that authority 
for the extension should be granted; therefore. 

It Is Ordered, That authority is hereby granted to the Linville Valley Light and 
Power Company to extend its electric lines to Hughes, North Carolina, and to sup- 
ply electric service to the people of that area. 

It Is Further Ordered, That this order shall constitute a certificate of conven- 
ience and necessity in the premises. 

This the 16th day of March, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3267. 

PISGAH MOUNTAIN POWER COMPANY 
CERTIFICATE OF CONVENIENCE AND NECESSITY AND RATES 

Order 

In this case the Pisgah Mountain Power Company makes application to the Com- 
mission for a certificate of convenience and necessity as required by Chapter 455, 
Public Laws of North Carolina, 1931, to operate an electric utility serving the public 
in Lincoln County in an area near Lincolnton. 



Decisions and Adjustments of Complaints 65 

Application is also made for the establishing of rates for electric service to be sup- 
plied by the company. 

No one appeared in opposition. 

It is quite evident to the Commission from the showing made that the Company 
is performing useful public service and that a certificate of convience and necessity 
should be granted, and that appropriate rates be provided. Therefore, 

It Is Ordered: That the Pisgah Mountain Power Company be and is hereby 
granted a certificate of convenience and necessity to operate an electric utility in 
Lincoln County in an area near Lincolnton. 

It Is Further Ordered: That the Pisgah Mountain Power Company is hereby 
authorized and directed to put into effect on and after December 1, 1946, the fol- 
lowing rates: 

Residential Schedule 

For service for all domestic purposes in private residences 
and individual family apartments: 

First 50 kwhs. @ 6c 

Next 50 kwhs. @ 4c 

Excess kwhs. @ 2c 

Monthly Minimum: $1.00 

Commercial Schedule 

Available only to Commercial customers for lighting, cook- 
ing, heating, refrigeration, and other power service sup- 
plied to the individual store or Commercial establishment. 

First 50 kwhs. @ 6c 

Next 50 kwhs. @ 4c 

Excess kwhs. @ 3c 

Monthly Minimum: $1,00 

It Is Further Ordered: That this order constitutes a certificate of convenience 
and necessity in this case. 

This, the 1st day of November, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3752. 

SALE OF RAEFORD POWER AND MANUFACTURING COMPANY'S 
FEEDER LINE TO LUMBEE CORPORATION. 

Order 

This case comes before the Commission on the application of the Raeford Power 
and Manufacturing Company for authority to sell its electric line serving the village 
of Rockfish station to the Lumbee River Electric Membership Corporation on the 
grounds of convenience and necessity. 

The Company points out that it has been giving electric service to sixteen families 
in Rockfish merely as a matter of convenience to these customers for the past three 
5 



66 N. C. Utilities Commission 

or four years. Now that the Lumbee River Electric Membership Corporation 
is in position to serve the area in question and desires to acquire the property, the 
Company desires to make the sale and is of the opinion that the sale is advantageous 
to all concerned. 

Upon review of the situation the Commission is of the opinion that the sale is in 
the public interest and is justified on the grounds of convenience and necessity; there- 
fore, 

It Is Ordered : That the Raeford Power and Manufacturing Company is hereby 
granted authority, on the grounds of convenience and necessity, to sell its feeder Hne 
as described in its petition to this Commission, to the Lumbee River Electric Member- 
ship Corporation. 

It Is Further Ordered: That this order shall constitute a certificate of con- 
venience and necessity in the case at issue. 

This the 1st day of October 1945. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Chalrles Z. Flack, Chief Clerk. 

Docket No. 3401. 

CONTRACTS OF THE TIDE WATER POWER COMPANY WITH THE 
NORTH CAROLINA SHIPBUILDING COMPANY AND CAMP DAVIS, 
NORTH CAROLINA. 

Approval of Rales 

The Tide Water Power Company having filed with the Commission for considera- 
tion and approval (1) Contract with North Carolina Shipbuilding Company, dated 
March 25, 1941, and supplement thereto, dated September 22, 1941, and (2) Contract 
with Camp Davis, North Carolina, dated July 1, 1941, and supplemental agreement, 
dated May 28, 1943, which said contracts and supplements have been considered by 
the Commission and the rates — the Tide Water Power Company Rate Schedule No. 
33 — found to be fair and just, and said rates and charges are hereby fully approved as 
of the date of said contracts and supplements thereto. 
This the first day of March, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
^., . . R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 
Docket No. 2888. 

TIDE WATER POWER COMPANY CONTRACT WITH THE UNITED 
STATES FOR SERVICE AT UNITED STATES MARINE AIR CORPS AIR 
STATION, CHERRY POINT, NORTH CAROLINA, AND UNITED STATES 
MARINE CORPS BARRACKS, CAMP LEJEUNE, NORTH CAROLINA. 

Order 

In this case the Commission has before it the Tide Water Power Company's re- 
quest for approval of contract, dated June 1, 1944, which it has with the United 
States, represented by the Chief of the Bureau of Yards and Docks, Navy Depart- 
ment (Contract No. Noy 10655). 



Decisions and Adjustments of Complaints 67 

The Company inadvertantly failed to submit the said contract with the Commis- 
sion at the time of execution and it is now asking that the contract be approved nunc 
pro tunc. 

The Commission deems the rates and charges in said contract fair and just and is 
of the opinion that they should be approved; therefore, 

It Is Ordered, That said contract be and the same is hereby approved nunc pro 
tunc; reserving the right to hear and pass upon controversies which may arise under 
Articles 20, 22, and 24, of said contract. 



This the 7th day of March 1945. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 



Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 2888. 

TIDE WATER POWER COMPANY HOUSING RATE. 

Order 

Pursuant to agreement Mr. V. J. Villwock, of the Federal Pubhc Housing Au- 
thority; and A. E. Jones, General Manager, and Louis Poisson, Counsel of the Tide 
Water Power Company, met with Commissioners Winborne, Hunter and Johnson 
and discussed the question of fixing a proper rate for the Tide Water Power Company 
applicable to government-owned and other Uke Housing Projects in the Wilmington, 
North Carolina, area of the Company, owing to the fact that the rates now being 
used under contracts will expire on July 1, 1945, due to cancellation of contracts. 

Mr. Villwock presented maps of the several government owned projects operated 
in the Wilmington area by the Authority which he represented and took the position 
that these projects were entitled to service under Rate Schedule No. 2 of the Tide 
Water Power Company which would produce a much lower charge than the projects 
were now paying. 

Mr. Jones, for the Tide Water Power Company, took the position that Rate Sched- 
ule No. 2 of his Company was not available for Housing Projects. He presented a 
schedule which he contended was a fair rate for Housing Projects. This schedule 
carried the following energy charges: 

For the first 100 hours use of demand, 3.3c per Kwhr. 
For the next 90 hours use of demand 2c per Kwhr. 
All over 190 hours use 1.5c per Kwhr. 

Rate Expert Edgar Womble, of the Commission, offered a rate schedule carrying 
the following energy charges. 

First 100 Kwhrs. 5 c per Kwhr. 

Next 100 Kwhrs. 43/^c per Kwhrs. 

Next 300 Kwhrs. 4 c per Kwhrs. 

Next 300 Kwhrs. 33/^c per Kwhrs. 

Next 700 Kwhrs. 3 c per Kwhrs. 

Next 3500 Kwhrs. 23^c per Kwhrs. C 

Next 200 Kwhrs use of demand^2c perKwhr. 

Excess, 1.75c per Kwhrs. 



68 N. C. Utilities Commission 

In order to settle the conflicting views expressed by Mr. Villwock and Mr. Jones 
on the availability of Schedule No. 2, Chairman Winborne, unequivocally declared 
that Schedule No. 2 was limited to service to an individual building and its adjuncts 
and therefore was not open to Housing Projects which had more than one building 
in its unit. Mr. Winborne said that this ruling of the Commission with respect to the 
availabiUty of Schedule No. 2 and Uke schedules of companies under its jurisdiction 
had been in effect for years and had been expressed on numerous occasions. In order 
to prevent any future misinterpretation of the availabiUty of Schedule No. 2 the 
Commissioner stated that the Tide Water Power Company would be required to 
amend the availability clause in said schedule by inserting the proper restrictions 
in reissue of the schedule. 

Following the conference the Commission gave consideration to the various phases 
of the controversy. 

As neither the representative of the Housing Authority or the representatives of 
the Tide Water Power Company has receded from their positions it devolved upon 
the Commission to fix a rate for the service under discussion which the Commission 
would deem reasonable and fair, subject to review and hearing upon complaint of 
either interested party. 

Using last year's consumption of the Housing Authority as a basis for calculations 
the proposals presented would lower the annual bill of the government-owned Hous- 
ing Projects as follows: 

Schedule No. 2 $34,955.40 

Tide Water Power Company 1,769.70 

Womble 16,822.32 

The Commission after reviewing the rate schedules of the Tide Water Power Com- 
pany and weighing what it considered a proper relationship between the housing 
project service charge and the service charge for other classes of service reached the 
conclusion that the Womble proposal which gives an average rate of 2 cents per kilo- 
watt hour, would be a just and proper rate and that the Tide Water Power Com- 
pany should make such rate schedule effective for Housing Projects on and after 
July 1, 1945: therefore, 

It Is Ordered: That on and after July 1, 1945, the Tide Water Power Company 
shall apply the rate schedule which follows on billings to government-owned Housing 
Projects and like Housing Projects in the Wilmington area of the Tide Water Power 
Company, and that said schedule shall remain in effect until changed by this Com- 
mission, either on its own motion or as a result of review upon complaint. 

It Is Further Ordered: That the Tide Water Power Company is hereby au- 
thorized and directed to adopt the said schedule as its own and file copy of same with 
the Commission on or before July 1, 1945, and upon receipt of same the Chief Clerk 
of the Commission is hereby authorized and directed to place the Commission's 
stamp of approval on same, to place copy on file in this office and send copy carrying 
approval of the Commission to the Tide Water Power Company, and copy to the 
Federal Public Housing Authority. 

GOVERNMENT-OWNED HOUSING AUTHORITY 

Rate Schedule 
Availabilily 

Energy at available primary distribution voltage for government-owned and oper- 
ated Housing Projects and Housing Projects owned and operated by the Housing 
Authority of the City of Wilmington in the Wilmington area where energy is sold 



Decisions and Adjustments of Complaints 69 

through one master meter for each project and not used for resale service except 
that customers may distribute energy to tenants of the projects as an incident of 
tenancy. Meter readings will not be grouped for billing purposes. 

Rate 

First 100 Kwhrs. 5 c per Kwhr. 

Next 100 Kwhrs. 43/2C per Kwhr. 

Next 300 Kwhrs. 4 c per Kwhr. 

Next 300 Kwhrs. SJ/^c per Kwhr. 

Next 700 Kwhrs. 3 c per Kwhr. 

Next 3500 Kwhrs. 2Hc per Kwhr. 

Next 200 Kwhrs use of demand 2c per Kwhr. 

Excess, 1.75c per Kwhr. 
Demand 

The maximum Kw registered during the current month during a 15-minute in- 
terval, but not less than 60 per cent of the highest demand established during the 
preceding eleven months. 

Minimum Monthly Charge 

$2.00 per Kw for first 30 Kw and $1.35 per Kw for additional Kw of maximum 
demand used for billing purposes. 

Term of Payment 
Net ten days 

Term of Contract 

Month to Month 
Effective on all meter readings on and after July 1, 1945. 
This the 22nd day of June, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: 

Charles Z. Flack, Chief Clerk. 
Docket No. 2888. 

JOHNSON, COMMISSIONER, DISSENTING : The rate set forth in the majority 
opinion should not be approved. 

The Federal Housing Authority has constructed several housing projects in and 
adjacent to the City of Wilmington, for which it should be commended as these 
projects were very much needed at the time they were constructed. The occupants 
of these apartments pay a flat rental which covers light, water, heat, etc. As I under- 
stand it, these apartments were constructed to house workers who were employed at 
the Wilmington shipyard and on other war projects. The average income of these 
families is greater than the average income of other families living in the territory 
served by the Tide Water Power Company. The Authority, in arriving at the rent 
to be charged for the apartments certainly must have taken into consideration the 
investment, the estimated amount of current that would be used, the amount of 
heat and water consumed, as well as any other cost factor. 

This Authority has been buying from the Tide Water Power Company the electric 
energy consumed by the families residing in these apartments at $2.20 per 100 Kwhrs. 
for residential service. All other customers of the Power Company Uving in and 
around the City of Wilmington are paying $4.11 per 100 kwhrs. for residential service. 



70 N. C. Utilities Commission 

Residents of the other thirteen counties served by the Tide Water Power Company 
are paying $4.53 per 100 kwhrs. for residential service. The Federal Housing Au- 
thority paid to the Tide Water Power Company $151,989.60 for electric energy used 
by the residents of these apartments during the past twelve months. If the families 
occupying these apartments had paid the same rate for electric energy used as other 
residents of the territory, then the Tide Water Power Company would have a surplus 
of approximately $160,000.00 which could have been used as a rate reduction for 
residential users. 

This Commission, in arriving at rates which shall be applicable to the housing 
project, as well as other customers, must first determine v/hat rate is necessary to 
give the Power Company a fair and reasonable return based on a fair and reasonable 
investment. If the rates approved are not sufficient to give the Power Company 
the necessary funds for operation, etc., then, and in that event, the rates would have 
to be increased. If the rates approved are higher than is necessary to give a fair re- 
turn then the customers are entitled to a rate reduction. If the Tide Water Power 
Company is permitted to sell electric energy to a customer or customers at a rate 
lower than the cost of production, distribution, etc., then the other customers of the 
Company have to make up for this loss by paying an increased rate. I am unwilling 
for a residential customer, whether he lives in a government apartment, a rented or 
his own house, to buy or use electric energy bought at a rate cheaper than is paid by 
all of the residential customers served by the same company. A citizen living in 
a government owned house should have no advantage over the citizen living in his 
own house. 

If it is possible, and I think it is, that the Tide Water Power Company could stand 
a rate reduction, then I think every residential customer should be treated alike and 
receive the same reduction. 

R. G. Johnson, Commissioner. 
Docket No. 2888. 

APPLICATION OF TIDE WATER POWER COMPANY FOR AN ORDER 
AUTHORIZING IT TO ISSUE $4,500,000 PRINCIPAL AMOUNT OF FIRST 
MORTGAGE BONDS AND 10,000 SHARES OF 5% PREFERRED STOCK, 
PAR VALUE $100 PER SHARE. 

Findings and Order 

Tide Water Power Company', a pubhc utility, as defined in the Public Utilities 
Act of 1933, being Article 4 of Chapter 62 of the General Statutes of North Carolina 
of 1943, has made apphcation to this Commission, under the provisions of said Act, 
for an order authorizing the issue of: (a) $4,500,000 principal amount of First Mort- 
gage Bonds, S}4 per cent Series due 1974, to be secured by an Indenture dated as of 
November 1, 1944, to be executed and dehvered by said Company to Chemical 
Bank & Trust Company, as Trustee, creating a first lien upon the properties of the 
apphcant; (b) 10,000 shares of 5 per cent Preferred Stock, par value $100 per share. 

Bids for the purchase of said bonds and stock will be invited under Rule U-50 
relating to competitive bidding, of the Securities and Exchange Commission, under 
the Public Utility Holding Company Act of 1935, provided that the price to be paid 
for said bonds shall be not less than the principal amount thereof and the price to be 
paid for said stock shall be not less than the par value thereof.* 

Hearing has been duly held upon said application, and after full consideration of 
said application and of the evidence introduced at said hearing, the Department 
makes and adopts the following findings. 



Decisions and Adjustments of Complaints 71 

1. Applicant proposes, subject to the necessary consents, approvals, permissions 
or orders of regulatory authorities and the approval of its directors and stockholders, 
to issue and sell $4,500,000 principal amount of new First Mortgage Bonds, 33^ per 
cent Series due 1974, and 10,000 shares of 5 per cent Preferred Stock, par value 
$100 per share, net proceeds from the sale of which, after deducting estimated ex- 
penses, together with such additional cash from applicant's general funds as may be 
required, are to be used to redeem the Company's First Mortgage 5 per cent Bonds, 
Series A, due February 1, 1979, which are now outstanding in the principal amount 
of $6,065,500. 

2. AppUcant has filed with the Securities and Exchange Commission an applica- 
tion on Form U-1 for authorization of the proposed issuance and sale of its proposed 
new First Mortgage Bonds, 3^ per cent Series due 1974, and its proposed 5 per 
cent Preferred Stock, par value $100 per share. 

3. The completion of the applicant's refunding plan will effect a substantial de- 
crease in the interest charges of the applicant. Furthermore, app icant's refunding 
plan appears to be reasonably adapted to the financial structure of the applicant and 
the refunding of its obligations at a more favorable interest rate, and the reduction 
of its outstanding indebtedness will inure to the benefit of investors and consumers. 
Upon these facts this Commission finds that said proposed issuance of the applicant's 
new First Mortgage Bonds, 33^ per cent Series due 1974, and 10,000 shares of 5 per 
cent Preferred Stock, appear to be (a) for a lawful object within the corporate pur- 
poses of the appHcant, (b) compatible with the public interest, (c) necessary or ap- 
propriate for or consistent with the proper performance by the applicant of its serv- 
ice to the pubhc as a utiHty and will not impair its ability to perform that service, 
and (d) is reasonably necessary and appropriate for such purpose. 

4. The bonds proposed to be issued in said principal amount of $4,500,000 do not 
exceed the fair value of the properties of the appHcant and the reasonable cost of the 
issuance and sale of said bonds. 

5. The proposed issue of bonds and stock is in the public interest and complies 
in all respects with the provisions of Section 62-82 of Chapter 62, Article 4, of the 
General Statutes of North Carolina of 1943, and other applicable statutes of North 
Carolina. The securities of applicant to be outstanding following such issuance and 
redemption of outstanding bonds will not exceed the amount of securities which ap- 
plicant is authorized by law to issue and this Commission is authorized to approve. 

It Is Therefore Ordered : 

That Tide Water Power Company be and it hereby is authorized: 

(a) Upon obtaining an appropriate order from the Securities and Exchange 
Commission authorizing the proposed transactions, to issue: 

(1) $4,500,000 proposed amount of First Mortgage Bonds to mature in 
1974 and known as its First Mortgage Bonds 33^ per cent Series due 1974, and 
which shall bear interest at the rate of 33^ per cent per annum; and 

(2) 10,000 shares of 5 per cent Preferred Stock, par value $100 per share, 
and>which shall provide for cumulative dividends at the rate of 5 per cent 
per annum; which shall be sold, pursuant to competitive bidding, under Rule 
U-50 of the S.E.C. promulgated under the Pubhc UtiUty Holding Company 
Act of 1935, at not less than the principal amount thereof in the case of said 
bonds and not less than the par value thereof in the case of said stock. 

(b) To apply the proceeds of the sale of such new First Mortgage Bonds and 
5 per cent Preferred Stock (after deducting expenses), together with such ad- 



72 N. C. Utilities Commission 

ditional cash from the general funds of the Company as may be required, to the 
redemption of its presently outstanding First Mortgage 5 per cent Bonds, 
Series A, due February 1, 1979. 

(c) As security for the payment of the principal of and interest on such new 
First Mortgage Bonds, to execute and deliver to Chemical Bank and Trust 

Company as Trustee an Indenture in the form of substantially in the form on 
file with this Commission, creating a lien upon the properties of the Company 
in the State of North Carolina. 

(d) Nothing contained in this order shall be taken or construed as a finding 
on the part of the Commission of the value of the Company's property for rate 
making purposes. 

(e) The applicant shall within 60 days after the completion of the transactions 
herein authorized, file with this Commission a full and complete report as to the 
consummation of the transactions. 

This order shall be in full force and effect from and after the date hereof. This 
the 28th day of October, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner 

R. O. Self, Chief Clerk. 

Docket No. 3198. 

APPLICATION OF TIDE WATER POWER COMPANY 

Supplemental Findings and Order 

Tide Water Power Company, a public utility as defined under the Public Utilities 
Act of 1933, being Article 4 of Chapter 62 of the General Statutes of North Carolina 
of 1943, has filed its Report and Amended Application to this Commission under the 
provisions of said Act for a supplemental order confirming and approving the appli- 
cant's Plan of Recapitalization, as amended, and the action of the applicant taken 
pursuant thereto. 

Said Plan, as amended, with the exception hereinafter referred to, has already been 
approved by this Commission by its findings and order dated December 14, 1944. 
Said Plan, as amended, has been approved in full by the Federal Securities and Ex- 
change Commission by its orders dated December 22, 1944, January 16, 1945 and 
March 1, 1946. 

Hearing has been duly held upon said Report and Amended Application, and after 
full consideration of the same and of the findings introduced at said hearing, the 
Commission makes and adopts the following findings: 

1. Applicant has reported that all of the action set forth below has been duly taken: 
(a) Merger of the applicant's wholly-owned subsidiary. Cape Fear Powe^ 
Corporation, into the applicant, pursuant to an Agreement and Act of Merger 
dated November 21, 1944, which was approved by stockholders of the constituent 
corporations on December 23, 1944 and was filed with the Secretary of State of 
North Carolina on December 27, 1944 and became effective on that day. Pursuant 
to said agreement and Act of Merger, the appHcant's then outstanding 23,858 
shares of $6 preferred stock were automatically converted into 95,432 shares of 
new common stock, without nominal or par value, on the basis of^four shares of 
new common stock for each share of said $6 preferred stock and the outstanding 



Decisions and Adjustments of Complaints 73 

115,789 shares of common stock, $10 par value, were automatically converted 
into 3,461 shares of new common stock, without nominal or par value. (Pur- 
suant to the order of this Commission, dated December 14, 1944, the issuance of 
said new common stock to the holder of the then outstanding common stock was 
subject to the determination of the Securities and Exchange Commission as to 
whether all of said new common stock or any part thereof should be returned to 
the applicant by said holder of the present common stock. An order of the Securi- 
ties and Exchange Commission approving the issuance of such stock was subse- 
quently entered on March 1, 1946 as hereinafter referred to.) 

(b) Borrowing of $5,500,000 from Chemical Bank & Trust Company of New 
York City as a temporary interim loan on December 27, 1944. 

(c) Redemption on December 27, 1944 of the applicant's then outstanding 
First Mortgage 5 per cent Bonds, Series A, due February 1, 1979, with the pro- 
ceeds of said interim bank loan and with additional cash from the general funds 
of the applicant. 

(d) The issuance and sale on January 19, 1945, pursuant to competitive bidding 
under the Rules and Regulations of the Securities and Exchange Commission to 
the successful bidder, W. C. Langley & Co., of (i) $4,500,000 principal amount 
of Mortgage Bonds to mature January 1, 1975, bearing interest at the rate of 
33^ per cent per annum, and known as its First Mortgage Bonds, 33^ per cent 
series due 1975, for the aggregate purchase price of $4,548,600, plus accrued in- 
terest; and (ii) $1,000,000 principal amount of Sinking Fund Debentures to ma- 
ture January 1, 1955, bearing interest at the rate of 3^ per cent per annum, for 
the aggregate purchase price of $1,004,600, plus accrued interest. 

(e) Repayment in full on January 19, 1945 of the aforesaid bank loan, with the 
proceeds of the sale of such new bonds and debentures (after deducting expenses), 
together with certain additional cash from the general funds of the applicant. 

2. Applicant has reported that on February 19, 1946 applicant filed an amend- 
ment with the Securities and Exchange Commission, in which the applicant proposed 
that General Gas & Electric Corporation, the holder of all of the previously out- 
standing shares of Common Stock, par value $10 per share, of the applicant, should 
receive in addition to 3,461 shares of the new common stock, without par value, of 
the applicant, the following: 

(a) 1,870 shares of common stock of Atlantic Utilities Service Corporation held 
by the applicant; and 

(b) an assignment of all claims which the applicant may have against General 
Gas & Electric Corporation, or its parents, or affiliates. 

On March 1, 1946 the Securities and Exchange Commission entered its supple- 
mental order approving the issuance to General Gas & Electric Corporation, as the 
holder of all the old common stock of the applicant, of said 3,461 shares of the new 
common stock of the applicant, together with the applicant's holdings of said 1,870 
shares of common stock of Atlantic Utilities Service Corporation and an assignment 
of any claims which the appHcant may have against General Gas & Electric Corpora- 
tion, or its affiliates. 

3. Without limiting the findings made by this Commission in its findings and order 
dated December 14, 1944, this Commission finds that said proposed Plan of Recapi- 
talization (and related merger) as amended, including the issuance to General Gas 
& Electric Corporation, as the holder of all the old common stock of the appUcant, 
of 3,481 shares of the new common stock of the applicant, together with the appli- 
cant's holdings of 1,870 shares of common stock of Atlantic Utilities Service Corpora- 



N. C. Utilities Commission 

tion and an assignment of any claims which the appUcant may have against General 
Gas & Electric Corporation, or its affiliates; interim bank loan; redemption of the 
applicant's outstanding First Mortgage 5 per cent Bonds; issuance and sale of the 
applicant's First Mortgage Bonds, 3K per cent series due 1975, and Sinking Fund 
Debentures due 1955, appear to be (a) for a lawful object within the corporate pur- 
poses of the apphcant; (b) compatible with the pubHc interest; (c) necessary or 
appropriate for or consistent with proper performance by appUcant of its services to 
the public as a utihty and will not impair its ability to perform that service; (d) are 
reasonable, necessary and appropriate for such purposes; and (e) are in the public 
interest and in the interest of consumers and investors and comply in all respects 
with the provisions of Section 63-82 of Article 4 of Chapter 62 of the General Statutes 
of North Carolina of 1943, as amended by Chapter 656 of the 1945 Session Laws. 

It Is Therefore Ordered: 

(1) That Tide Water Power Company be and it hereby is authorized to take all 
further action required to consummate its Plan of Recapitalization, as amended, 
including, without limiting the generality of the foregoing, the delivery to General 
Gas & Electric Corporation of 3,461 shares of the new common stock without par 
value, of the apphcant, 1,670 shares of common stock of Atlantic Utihties Service 
Corporation held by the applicant and an assignment of any claims which the ap- 
plicant may have against General Gas & Electric Corporation, or its affihates. 

(2) Nothing contained in this order shall be taken or construed as a finding on 
the part of this Commission of the value of the apphcant's property for rate-making 
purposes. 

This order shall be in full force and effect from and after the date hereof. 
Dated this 20 day of April, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3198. 

TIDE WATER POWER COMPANY 

REDUCED ELECTRIC RATES; AND PROVIDING UNIFORM ELECTRIC 
RATES THROUGHOUT TIDE WATER POWER COMPANY TERRITORY 
ON AND AFTER JANUARY 1, 1947. 

Order 

In this case the Tide Water Power Company, at the instance of the Commission, 
submitted reduced electric rate schedules to become effective April 1, 1946. 

These schedules it was estimated would save domestic users $51,000 a year, com- 
mercial customers, $39,000 a year, other customers, $28,000 a year. 

The domestic and commercial electric rate schedules submitted for Transmission 
system area, following the usual practice, carried diff^entials over the company's New 
Hanover County electric rate schedules, a disparity which the Commission had 
hoped to remove at this time. 

In a discussion of the differentials it was mutually agreed by the Tide Water Power 
Company and the Commission that the differentials could not be removed at this 
time, but that they should be removed as early as possible, and it was mutuallly 



Decisions and Adjustments of Complaints 75 

agreed by the company and the Commission that on and after January 1, 1947, the 
New Hanover County electric rate schedules would automatically apply throughout 
the entire service area of the Tide Water Power Company. 

In view of this meeting of minds of the Commission and the Tide Water Power 
Company on the elimination of the differential provision which has been a thorn in 
the company's rate structure, and the belief that the change will be to the best in- 
terest of all concerned, therefore, 

It Is Ordered: That the Tide Water Power Company shall on and after January 
1, 1947, put into effect for its entire territory the New Hanover County electric rates 
then in effect. 

This, the 12th day of March, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3550. 

IN THE MATTER OF TIDE WATER POWER COMPANY, EX PARTE 

Order 

This matter coming on to be heard upon the appUcation of the Tide Water Power 
Company to issue 395,572 shares of common stock in exchange for the outstanding 
98,893 shares of formerly authorized and issued common stock; and it appearing to 
the Commission that the Tide Water Power Company has amended its charter or 
certificate of incorporation so as to increase the authorized shares of capital stock of 
the corporation to 500,000 shares of common stock without nominal or par value, 
and that the amendment to said charter or certificate of incorporation has been ap- 
proved by this Commission; 

It Is Ordered, That said application be filed and that this matter be, and it hereby 
is, docketed and set for immediate hearing by the Commission upon said application, 
and upon such statements and representations as the Tide Water Power Company, 
through its representatives, may desire to submit for the consideration of the Com- 
mission; and 

Thereupon, This matter came on this day to be heard and was heard upon said 
application and the statements and representations of the Tide Water Power Com- 
pany representatives, from which it appears that the sole purpose of said exchange 
is to give a wider distribution of the common stock of the Tide Water Power Com- 
pany, and the Commission being of the opinion that the relief prayed should be 
granted; 

It Is, Therefore, Ordered, Adjudged And Decreed, That the Tide Water 
Power Company is hereby authorized, empowered and permitted to issued 395,572 
shares of common stock in exchange for the outstanding 98,893 shares of formerly 
authorized common stock at the rate of four (4) shares for each share of formerly au- 
thorized and issued common stock; and such exchange shall be effected under such 
rules and regulations as the Board of Directors may prescribe, by the issuance of 
additional shares of common stock to the registered holders of shares of formerly 
issued common stock, without requiring surrender of the shares heretofore issued and 
outstanding, at the rate of three (3) shares for, and in addition to, each such share of 
formerly issued common stock; that the aggregate amount of capital stated in respect 



,76 N. C. Utilities Commission 

of said 395,572 shares of common stock shall, upon the issuance thereof, be the same 
as the amount theretofore stated in respect of said formerly issued 98,893 shares of 
common stock, and to make upon the books of the said Tide Water Power Company 
the entries proposed in connection with the carrying out of said transaction. 

In making this order the Commission finds that such issue of common stock in 
exchange for previously issued and outstanding common stock of the Tide Water 
Power Company is for a lawful object and within the corporate purposes of the utility, 
is compatible with the public interest, is necessary or appropriate for and consistent 
with the proper performance by the utihty of its service to the public as such utility 
and will not impair its ability to perform that service, and is necessary and appropri- 
ate for such purpose. 

This 5th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chiej Clerk. 

Docket No. 3704. 

APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY FOR 
AUTHORITY TO PAY A DIVIDEND OF 33c PER SHARE ON ITS COM- 
MON STOCK ON DECEMBER 15, 1944 

Order 
By The Commission: 

This cause arises upon the application of the Virginia Electric and Power Company 
signed under date of November 9, 1944, by J. G. Holtzclaw, President, under the pro- 
visions of Chapter 307 of the Acts of the General Assembly of 1933 (Sections 1112 ( 1)- 
(36), inclusive. North Carolina Code of 1939, michie), asking for authority to pay a 
dividend at the rate of thirty- three cents (33c) per share on the common stock of 
said Company outstanding, and there were presented with said application and re- 
ferred to and identified therein Exhibits "A" and "B," and upon motion of the said 
Company, by Hunton, Williams, Anderson, Gay & Moore, its counsel, through T. 
Justin Moore, of Counsel; 

It Is Ordered, That said application and Exhibits "A" and "B" be, and they 
hereby are, filed, that the matter be and hereby is, docketed and set for immediate 
consideration by the Commission, upon the application, exhibits and representations 
of Counsel, without formal hearing; 

Thereupon, This matter came on this day to be heard and considered, upon the 
said application, exhibits and representations of counsel, and was argued by counsel; 

Upon Consideration Whereof, The Utilities Commission finds that the said 
Company is a corporation owning and lawfully operating in this State equipment or 
facilities for producing, generating, transmitting, delivering or furnishing electricity; 
and it appearing from said application, exhibits and representations, and from the 
investigation and consideration by the Commission, that the Company's capital 
represented by its 2,938,445 shares without par value of common stock (including 
stock outstanding and such additional common stock as may be issued in exchange 
for scrip) as shown by its books, amounts to the sum of $13,546,555; that the current 
net earnings of the Company (after setting aside suitable provisions for depreciation, 
as authorized by the Board of Directors, and the amount required for the payment 
of preferred dividends) available for common dividends and surplus for the twelve 



Decisions and Adjustments of Complaints 77 

months ending September 30, 1944, subject to certain dividend restrictions effective 
so long as any shares of $5 Dividend Preferred Stock or any of the Series D Bonds 
remain outstanding, amounted to the sum of $6,151,089.57; that the current net 
earnings for the last nine months' period beginning January 1, 1944, and ending 
September 30, 1944, available for common dividends and surplus, after provision for 
depreciation and preferred dividends, subject to the dividend restrictions mentioned 
above, amounted to $5,088,861.83; that the dividend proposed to be paid by the 
Company at the rate of 33c per share on the common stock outstanding, consisting 
in the aggregate of 2,938,445 shares, will not exceed the sum of $969,686.85, which 
together with the three (3) dividends previously paid during 1944, is substantially 
less than the net earnings available for common dividends currently earned during 
the last twelve months ending September 30, 1944, and is available for payment 
under the dividend restriction set forth in footnote (c) of Exhibit "A"; and that the 
payment of said dividend will in nowise impair the Company's necessary working 
capital or interfere with its ability to continue to furnish an adequate and efficient 
service to its customers, and is in no way inconsistent with the public interest; and the 
Commission being of the opinion that the prayer of said application should be 
granted, and that the payment of said dividend should be approved and authorized; 

It Is, Therefore, Adjudged, Ordered And Decreed, That Virginia Electric 
and Power Company be, and it hereby is, authorized, empowered and permitted to 
pay a dividend of 33c per share on the Company's common stock represented by 
2,938,445 shares without par value, payable on or about December 15, 1944, amount- 
ing to a sum not to exceed $969,686.85, provided, however, that the payment to be 
made hereunder shall not exceed the actual current net earnings available for such 
purpose. 

Provided, However, That the Clerk of this Commission shall furnish one attested 
copy of the application herein, and three attested copies of this Order to the appli- 
cant; and 

Provided Further, That this proceeding be and the same hereby is closed and 
filed in the permanent records of the Commission, no further action in the premises 
being required. 

This 10th day of November, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R, G. Johnson, Commissioner. 
By Order Of The Commission: 

R. O. Self, Chief Clerk. 

Docket No. 3203. 

VIRGINIA ELECTRIC AND POWER COMPANY 
Order Authorizing Issuance of Securities And Other Matters 

A. This day came Virginia Electric and Power Company (hereinafter sometimes 
called the Company) and presented its application verified April 2, 1945, under the 
provisions of Chapter 307 of the Acts of 1933 known as the "Pubhc Utilities Act of 
1933" and related provisions, asking for authority to issue and sell certain new se- 
curities and approval of certain acceleration of amortization and certain accounting 
treatment, all as therein stated; and there were presented with said application and 
identified therein Exhibit 1, being an application for similar purposes to the State 
Corporation Commission of Virginia (with the exhibits therein designated), and Ex- 
hibit 2, being an order of the State Corporation Commission of Virginia dated April 



78 



N, C. Utilities Commission 



6, 1945, authorizing such transactions; and upon motion of Hunton, Williams, Ander- 
son, Gay & Moore, by T. Justin Moore and George D. Gibson, counsel for the Com- 
pany; 

B. It is ordered that said application and exhibits herewith (hereinafter sometimes 
called the Application) be, and they hereby are, filed and that this matter be, and it 
hereby is, set for immediate hearing by the Commission, upon the Application, upon 
the records in the previous proceedings before this Commission upon applications 
of the Company, and upon the record herein; 

C. Thereupon this matter came on this day to be fully heard and maturely con- 
sidered by the Commission upon the Application and said records; 

D. It Is, Therefore, Now Found And Adjudged that: the creation, issuance, 
sale and disposition of the securities proposed in the Application are solely for a law- 
ful object within the corporate purposes of Virginia Electric and Power Company, 
namely, for the purpose of financing its business by the discharge or lawful refunding 
of its obligations, are compatible with the public interests, are necessary and appropri- 
ate for and consistent with the proper performance by the Company of service to the 
public and will not impair the ability to perform such service, are reasonably neces- 
sary and appropriate for such purposes and are reasonably and consistent with the 
public interests; 

E. It Is, Therefore, Adjudged, Ordered And Decreed, that: all authorization 
and approval requisite under the laws of North Carolina are hereby given for all of 
the actions and transactions authorized by, and for the acceleration of amortization 
approved by, said order of the State Corporation Commission of Virginia. 

F. It Is Further Ordered, that this proceeding be continued on the docket of 
the Commission for further proceedings herein and that the proceeding be continued 
on the calendar of hearings of the Commission for further proceedings herein. 

G. It Is Further Ordered, that the Clerk of the Commission shall furnish such 
number of attested copies as may be requested by the Applicant of this order, upon 
presentation of copies for such attestation and upon payment of the sum of One 
Dollar for each such copy. 



This 10th day of April, 1945. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



By Order of the Commission, 
Charles Z. Flack, Chief Clerk. 

Docket No. 3302. 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 



IN THE MATTER OF VIRGINIA ELECTRIC AND POWER COMPANY 
EX PARTE. 

Supplemental Order 

The First Supplemental Application dated April 24, 1945, of Virginia Electric and 
Power Company (hereinafter sometimes called the Company) having been filed, 
together with Exhibits A and B thereto, and maturely considered on the previous 
records herein, and it appearing proper so to do. 

It Is Adjudged, Ordered And Decreed, That the order entered herein under 
date of April 10, 1945, be, and the same hereby is, amended so as to authorize the 
execution of, and the issuance of bonds under, a supplemental indenture substantially 



Decisions and Adjustments of Complaints 79 

in the form of the draft filed as Exhibit 1 to said Exhibit A, in lieu of the draft filed 
with the application verified April 2, 1945; and said order of April 10, 1945, is in all 
other respects hereby confirmed and continued in effect without change. 

This the 26th day of April, 1945. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3302. 

APPLICATION OF THE VIRGINIA ELECTRIC AND POWER COMPANY 
FOR AUTHORITY TO ISSUE $6,500,000.00 OF NOTES FOR REFUNDING 
PURPOSES AND FOR IMPROVEMENT OF PLANT. 

Order 

In this case the Virginia Electric and Power Company comes before the Commis- 
sion asking for authority of this Commission under the provisions of Chapter 307, 
Public Laws of North Carolina, 1933, to issue and sell certain notes in an aggregate 
amount not to exceed $6,500,000.00, to bear interest at 1^ per cent per year, and ap- 
ply the proceeds from the sale thereof to retirement of the outstanding promissory 
notes of the Virginia Electric and Power Company amounting to $5,195,000.00, 
bearing interest at the rate of 2}/^ per cent a year, and to the construction program of 
Virginia Electric and Power Company for plant improvement. 

Accompanying the application are two exhibits as follows: 

Exhibit 1 — Copy of appUcation filed by the company with the State Corporation 
Commission of Virginia, together with all Exhibits referred to 
therein. 

Exhibit 2 — Copy of order of the State Corporation Commission of Virginia 

granting such application. 
It is patent to this Commission that the proposed issue of notes for the refinanc- 
ing of the present outstanding notes, bearing interest at 23<C per cent per year, is 
decidedly in the interest of the company and the public in general, therefore, 

It Is Ordered: That the Virginia Electric and Power Company be, and it hereby 
is, authorized to issue and sell for cash, at not less than the principal amount thereof, 
not exceeding $6,500,000.00 aggregate amount of its promissory notes, bearing in- 
terest at a rate not in excess of 1^ per cent a year, maturing in equal semi-annual 
payments within ten years from date of issuance and to use its proceeds from such 
sale for the complete payment and retirement of the outstanding promissory notes 
of the Virginia Electric and Power Company amounting to $5,195,000.00 and bearing 
interest at a rate oi 2}4 per cent a year, and for plant improvements of the Virginia 
Electric and Power Company upon the terms and conditions as set forth in applica- 
tion and accompanying date. 

It Is Further Ordered: That the Virginia Electric and Power Company shall 
within 30 days after the completion of the refinancing authorized by this order file 
an appropriate report of such action with this Commission. 

This 28th day of May, 1946. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3645. 



80 N. C. Utilities Commission 

IN THE MATTER OF FINAL REPORT IN VIRGINIA ELECTRIC AND 
POWER COMPANY NOTE REFUNDING. 

Order 
In this case the Virginia Electric and Power Company comes before the Commis- 
sion and presents report as required by order of this Commission in Docket No. 3645, 
dated May 29, 1946. 

This report the company presents as its final report on the sale and issue of $6,500,- 
000.00 of notes issued and sold for the purpose of refinancing a balance of $5,195- 
000.00 outstanding notes of the company and for furthering construction program of 
the company. 

The report is in compliance with prior order of Commission and shows that the 
conditions of the said order have been carried out; therefore, 

It Is Ordered: That the said report referred to above be and is accepted by this 
Commission and that the file in this case be closed. 
This, the 10th day of October, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3645. 

Ldght and Power Companies 

Carolina Power and Light Company to the Commission. Approval of extension of 
current cotton gin season by one month to meet emergency created by war con- 
ditions. Docket No. 1493. 

Carolina Power and Light Company to the Commission. Rates for Large General 
Service, Small General Service, and seasonal or intermittent Service. Approved. 
Docket No. 3517. 

Carolina Power and Light Company to the Commission. Rates for Parkway Light- 
ing — Ornamental Standards. Approved. Docket No. 1674. 

Carolina Power and Light Company to the Commission. Rates for PubHc School 
Service. Approved. Docket No. 2105. 

Carolina Power and Light Company to the Commission. Rates for Textile Mills. 
Approved. Docket No. 1493. 

CaroHna Power and Light Company to the Commission. Cancellation of non-profit 
Religious and Educational Institutions schedules. Docket No. 2105. 

Carolina Power and Light Company. Petition by citizens of Castalia community 
for connection of service. Adjusted. Docket No. 3667. 

Carolina Power and Light Company. Application by Mrs. W. C. Coppedge, Spring 
Hope, for installation of service. Adjusted. Docket No, 3580. 

Carolina Power and Light Company. Petition by Charles Creech, Bailey, for service 
in home and operation of stokers at tobacco barns. Adjusted. Docket No. 3225. 

Carolina Power and Light Company. Petition for Service by Mrs. John Davis, 
Zebulon. Adjusted. Docket No. 3771. 

Carolina Power and Light Company. Complaint by citizens of Ellerbe of service 
in re home applicances. Adjusted. Docket No. 3699. 

Carolina Power and Light Company. Petition for service by Mrs. Odell White, 
Zebulon. Adjusted. Docket No. 3771. 



Decisions and Adjustments of Complaints 81 

Carolina Power and Light Company. Petition by John A. Woods, near Yancey ville, 
for electric service in home of tenant. Granted. Docket No. 3290. 

Davenport Light & Power Company to the Commission, Residential rates. Ap- 
proved. Docket No. 3812. 

Duke Power Company to the Commission. Employes' Retirement plan. Docket 
No. 3269. 

Duke Power Company to the Commission. Contract with Firestone Tire and Rubber 
Company. Approved. Docket No. 3321. 

Duke Power Company to the Commission. Contract with National Carbon Com- 
pany. Approved. Docket No. 3322. 

Duke Power Company to the Commission. Application for authority to reduce 
cash fare on gasoline motor buses in Greensboro. Approved. Docket No. 3343. 

Duke Power Company to the Commission. Application forms for temporary un- 
metered electric service for residential customers and new commercial customers 
and customers already receiving service. Approved Docket No. 3586. 

Duke Power Company. Complaint by B. & L. Enterprises, Charlotte, of rates for 
theatre service. Dismissed. Docket No. 3643. 

Duke Power Company. Complaint by Mrs. C, A. Boyer, Greensboro, of charges 
and service. Adjusted. Docket No, 3393. 

Duke Power Company. Request for service by Mrs. Woodrow Coble, Julian, Ad- 
justed. Docket No. 3810. 

Duke Power Company. Application for service at cafe near Charlotte by H. E. 
McGinnis, Charlotte. Adjusted. Docket No. 3817. 

Duke Power Company. Complaint by W. B, Pugsley, Flat Rock, of inadequacy 
of field force and voltage being too low. Adjusted. Docket No. 3582. 

Edenton, Town of. Electric & Water Dept., to the Commission, Application for 
approval of temporary non-metered service to be furnished by Virginia Electric 
and Power Company. Approved. Docket No. 3673. 

Hardy, C. L., & Company, Maury, to the Commission. Electric rate schedule ap- 
proved. Docket No. 3024. 

Nantahala Power and Light Company to the Commission. Commercial and In- 
dustrial Heating Schedule approved. Docket No. 3566. 

Nantahala Power and Light Company to the Commission. Standard Residential 

Rate approved. Docket No, 3500, 
Roanoke Utilities Company to the Commission. Electric rate schedule approved. 

Docket No. 3486. 

Tide Water Power Company to the Commission. Rates for Commercial Lighting 
for New Hanover County approved. Docket No. 1566. 

Tide Water Power Company to the Commission. Rates for cotton gins and tobacco 
re-drying plants approved. Docket No, 3550, 

Tide Water Power Company. Complaint by R. T. Brinson, Jr., New Bern, of failure 
to secure service. Adjusted. Docket No. 3804. 

Tide Water Power Company. Complaint of service by Buck's Esso Station at New- 
port. Adjusted. Docket No. 3757. 

Tide Water Power Company. Complaint by W. E. Carlton, J. L. Carlton and Mrs. 
Myra H. Carlton, citizens of Warsaw. Adjusted. Docket No. 3344. 

6 



82 N. C. Utilities Commission 

Tide Water Power Company. Complaint by Mrs. H. G. Ray, Wilmington, of meter. 

Adjusted. Docket No. 3583. 
Tide Water Power Company. Complaint by George Semon, Jacksonville, in re 

location of meter. Adjusted. Docket No. 3478. 
Virginia Electric & Power Company to the Commission. Rates for electric contractor 

or dealers approved. Docket No. 2581. 
Virginia Electric & Power Company to the Commission. Application for approval 

of request to remove meters from minimum bill customers using less than minimum 

monthly charge and use meters for supplying electricity to new and additional 

customers on account of shortage of electric meters. Approved. Docket No. 

3814. 
Virginia Electric & Power Company to the Commission. Ice manufacturing and 

cold storage rates cancelled. Approved. Docket No. 2581. 
Virginia Electric & Power Company to the Commission. Rates for residential and 

general service approved for Virginia Docket No. 1544. 
Virginia Electric & Power Company to the Commission. Rural Development Plan 

and electric line extensions; also Rider for Church and Charitable Institutions. 

Approved. Docket No. 1787. 
Virginia Electric & Power Company to the Commission. General service rates and 

Riders for seasonal service, temporary service, churches or charitable institutions, 

Receiver or trustee, breakdown or relay service or parallel operation service. Ap- 
proved. Docket No. 2581. 
Virginia Electric & Power Company to the Commission. Time-controlled Storage 

Water Heating rates approved. Docket No. 2581. 
Virginia Electric & Power Company to the Commission. Residential rates and 

General Service. Approved. Docket No. 1544. 
Virginia Electric & Power Company to the Commission. Request for approval of 

a reduction in all residential electric service bills rendered in month of December 

1946 by 50 per cent. Approved. Docket No. 3851. 
Virginia Electric & Power Company. Petition by Luther Fisher, Battleboro, for 

service. Adjusted. Docket No. 3640. 
Virginia Electric & Power Company. AppUcation by A. D. Mitchell, Winston, for 

service for eight citizens in Charles Wilson Mill District. Adjusted. Docket 

No. 3520. 
Virginia Electric & Power Company. Complaint of rates by L. D. Perry, Coleraine. 

Adjusted. Docket No. 3656. 
Virginia Electric & Power Company. Complaint by Mrs. A. C. Thurman, Nags 

Head, of service. Adjusted. Docket No. 3735. 



Decisions and Adjustments of Complaints 83 

EXPRESS COMPANY 

APPLICATION OF RAILWAY EXPRESS AGENCY, TO CLOSE AGENCY 
AT GREYSTONE, NORTH CAROLINA 

Order 

By application dated May 28, 1946, the Railway Express Agency seeks permission 
to close its agency at Greystone, North Carolina. Greystone is located on the Sea- 
board Railway four miles north of Henderson, North Carolina, at which point an 
agency is maintained. Application is supported by an affidavit of notice of intention 
to proceed, which remained posted for ten days at the Greystone depot in accordance 
with the Commission's Practice Rule No. 13. An investigation by a member of the 
Commission's staff revealed no objection to the closing of the Greystone agency. 

A financial statement of the operation of the Greystone agency showed, for the 
period March 1944 to February 1945, an average monthly revenue of $14.06, and an 
average monthly expense of $10.00; and for the same period in 1946, an average 
monthly revenue of $6.64, and expense of $10.00. It appearing that little inconven- 
ience to the public will result from the closing of the Express Agency at Greystone, 
it is 

Ordered, That the application of the Railway Express Agency to close its agency 
at Greystone, N. C, be, and the same is hereby approved. 

By Order of the Commission, 

This 27th day of June, 1946. Charles Z. Flack, Chief Clerk. 

Docket No. 3671. 

APPLICATION OF THE RAILWAY EXPRESS AGENCY, INC. FOR AU- 
THORITY TO SUSPEND AGENCY SERVICE AT PALMYRA, N. C. 

Order 

Application filed by L. V. Allred, December 27, 1944, on behalf of the Railway 
Express Agency, for authority to suspend agency service' at Palmyra, N. C. is based 
on the change in status of the Railroad Agency as referred to in our Order of Decem- 
ber 14, 1944, which order authorizes the Railroad Company to substitute caretaker 
service in lieu of Agency Service. Applicant represents that the caretaker at Palmyra 
now serving in lieu of the former agent, is not interested in acting as agent for the 
Railway Express Agency; and that efforts to locate another person to serve as ex- 
press agent have been unsuccessful. The gross revenue on shipments to and from Pal- 
myra for the year beginning December, 1943 and ending November, 1944 was $270.58, 
which amount does not greatly exceed the annual expense item of $120.00, which 
accrued as salary paid for part time service of the Railroad Agent. 

Based on the foregoing recital coupled with the circumstances pertaining to the 
closing of the Railroad Agency referred to above we find for the applicant Express 
Company; wherefore 

It Is Ordered, that the Railway Express Agency, Incorporated be and the same 
is hereby authorized to suspend agency service at Palmyra, N. C. 

By the Commission. 

This 28th day of December, 1944. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 
Docket No. 3201. 



84 N. C. Utilities Commission 

APPLICATION OF RAILWAY EXPRESS AGENCY, INC. FOR AUTHORITY 

TO DISCONTINUE AGENCY SERVICE AT TUCKERDALE, NORTH 

CAROLINA 

Order 

By application filed May 3, 1945, the Railway Express Agency, Inc. seeks authority 
to discontinue its agency service at Tuckerdale, North Carolina. 

That the average monthly income and expenses of this agency for the following 
years was as follows: 

Average Monthly Average Monthly 

Year income expenses 

1942 $13.69 $5.01 

1943 9.31 5.04 

1944 8.82 5.03 
1943(3 Mo.) 14.82 5.00 

As indicated above the income received from this station is very small, with little 
or no net profit accruing to the Railway Express Agency. An investigation by a 
member of the staff of this Commission reveals no particular opposition by the resi- 
dents of Tuckerdale to the removal of the agent, and the Commission has not received 
any complaints relative to this matter. It appearing that the people of this vicinity 
can be served by the station at Lansing, which is located less than three miles dis- 
tance from Tuckerdale, it is therefore; 

Ordered, That the application herein be, and the same is hereby approved. 

By Order of the Commission. 

This 13th day of August, 1945. Charles Z. Flack, Chief Clerk. 

Docket No. 391. 

APPLICATION OF THE RAILWAY EXPRESS AGENCY, INCORPORATED 
FOR AUTHORITY TO CLOSE ITS AGENCY AT VERONA, NORTH CARO- 

Order 
By appHcation filed with the Commission on August 2, 1945, Railway Express 
Agency, Incorporated seeks authority to discontinue its agency service at Verona, 
North Carolina. Said application showed that Verona is seven miles from Jackson- 
ville, North Carolina where agency service is maintained, and where many Verona 
residents either work or pass through en route to their work at Camp Le Jeune. It 
also showed that the number of shipments and revenues and expenses for handling 
those shipments at Verona during the six months period just prior to the filing of the 
application were as follows : 

Number of Shipments 
Year Month 
1944 



AR Month 


Handled 


February 


27 


March 


33 


April 


15 


May 


35 


June 


15 


July 


15 


Total— Six Months 


140 


Average Per Month 


23 



Revenue 


Expenses 


(Dollars) 


(Dollars) 


$40.83 


$10.19 


57.55 


10.92 


44.43 


10.38 


68.41 


10.81 


30.32 


10.39 


27.66 


10.41 


$269.20 


$63.00 


44.87 


10.50 



Decisions and Adjustments of Complaints 85 

Verona is a local non-agency station on the Atlantic Coast Line Railroad. That 
line having discontinued agency service at said station during December, 1944 pur- 
suant to the Commission's order in Docket No. 3144 dated December 4, 1944. 

A member of the Commission's staff visted Verona during August 1945 and in- 
terviewed several merchants and other people engaged in commercial pursuits. There 
appeared to be no opposition to, and in fact little interest in the proposed discontin- 
uance. 

Under the circumstances there appears no good reason to require the maintenance 
of an agency at Verona by the Railway Express Agency, Incorporated. Accordingly, 

It Is Ordered, That, the application herein be and same is hereby, approved. 
By Order of the Commission. . 

This 10th day of September, 1945. Charles Z. Flack, Chief Clerk. 

Docket No. 3144. 

APPLICATION OF RAILWAY EXPRESS AGENCY, INC., TO DISCONTINUE 
ITS AGENCY SERVICE AT WAGRAM, N. C. 

Order 

In May 1946, the Railway Express Agency, Inc., filed an application to discontinue 
its office at Wagram, N. C. The applicant gave as the reason for desiring to close the 
office a failure on its part to locate a person to act as agent for the relatively small 
compensation afforded by the low monthly revenues at this point. Thereafter for a 
short period of time, an agent was located and acted for the Express Company, but 
discontinued his employment as of September 30, 1946, making necessary a renewal 
of the Express Company's application for authority to close the office. 

A local investigation of this matter discloses the information that the business 
transacted at this station, and the resulting revenues therefrom are insufficient to 
warrant the employment of a representative at more than a very, very small monthly 
salary. 

It appears that the Express Company has been diligent in its efforts to secure the 
services of an agent at compensation commensurate with the business transacted 
at this station; but failing in its efforts to do so, no course appears, other than to 
authorize discontinuance of this agency. Therefore, 

It Is Ordered, That the application herein filed by the Railway Express Agency, 
Inc., for authority to discontinue its office at Wagram, N. C, be and the same is 
hereby granted. 

By Order of the Commission. 

This 20th day of November, 1946. Charles Z. Flack, Chief Clerk. 

Docket No. 3634. 

APPLICATION OF RAILWAY EXPRESS AGENCY, INC., FOR AUTHORITY 
TO TRANSPORT EXPRESS BY MOTOR VEHICLE FROM THE SOUTH 
CAROLINA STATE LINE OVER U. S. HIGHWAY 321 VIA GASTONIA 
AND LINCOLNTON TO MAIDEN. 

Order Dismissing Application 

It appearing from the letter addressed to the Commission by the applicant, Rail- 
way Express Agency, Inc., dated April 30, 1946, that arrrangements are being made 
whereby express may be transported by rail over the route and between the points 



86 N. C, Utilities Commission 

embraced in the application in this cause, and that said applicant desires to with- 
draw the application herein for motor vehicle franchise rights over said route, 

It Is, Therefore, Ordered that the application herein be withdrawn and the 
cause dismissed, without prejudice to the applicant to reinstate the same on motion 
and for good cause shown. 

By Order of the N. C. Utilities Commission. 

This the 1st day of May, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Feed C. Hunter, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3418. 

APPLICATION OF RAILWAY EXPRESS AGENCY, INC., FOR AUTHORITY 
TO TRANSPORT EXPRESS BY MOTOR VEHICLE BETWEEN STATES- 
VILLE AND TAYLORSVILLE OVER N. C. HIGHWAY 90. 

Order Dismissing Application 

It appearing from the letter addressed to the Commission by the applicant, Rail- 
way Express Agency, Inc., dated April 30, 1946, that arrangements are being made 
whereby express may be transported by rail over the route and between the points 
embraced in the application in this cause, and that said applicant desires to with- 
draw the application herein for motor vehicle franchise rights over said route, 

It Is, Therefore, Ordered that the application herein be withdrawn and the 
cause dismissed, without prejudice to the applicant to reinstate the same on motion 
and for good cause shown. 

By Order of the N. C. Utilities Commission. 

This the 1st day of May, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3420. 

Railway Express Agency, Inc. to the Commission. Application for authority to 
discontinue agency at Eagle Springs, Granted. Docket No. 3339. 

Railway Express Agency, Inc. to the Commission. Application for authority to 
discontinue agency at Wagram. Withdrawn. Docket No. 3634. 

GAS COMPANIES 

ACCOUNT ADJUSTMENTS BY THE ELIZABETH AND SUBURBAN GAS 
COMPANY, AND THE FIXING OF RATE FOR DEPRECIATION. 

Order 

This case comes before the Commission on the appUcation of the Elizabeth and 
Suburban Gas Company for authority to make certain adjustments in its accounts 
and for an authorized rate of depreciation to be used in future accounting. 

In the petition of the EUzabeth and Suburban Gas Company is the following state- 
ment: 



Decisions and Adjustments of Complaints 87 

"Since June 30, 1945, it has made changes in its balance sheet as follows, thereby 
converting the deficit of $107,925.59, shown on the said statement to a substantial 
surplus: 

"(a) It has increased its reserve for plant depreciation to $90,305.54. 

"(b) It has ehminated the notes and bonds owned by its parent company, Pennsyl- 
vania & Southern Gas Company, and the open account and interest on bonds and 
notes due its parent company, all aggregating the sum of $225,115.93, said habihties 
having been donated to it by the parent company for cancellation. 

"It avers that hereafter, in keeping its books and making reports to the UtiHties 
Commission, its plant depreciation should be established and set up more nearly in 
accordance with the depreciation shown in its income tax returns." 

In the analyses of the data submitted with application and the information in the 
Annual Reports of said applicant on file in this office the Commission finds that the 
adjustments for which approval is requested are in accord with proper accounting 
and should be approved; therefore, 

It Is Ordered : That approval is hereby given to the accounting adjustments re- 
quested by the EUzabeth and Suburban Gas Company as set forth above. 

It Is Further Ordered: That the Elizabeth and Suburban Gas Company is 
hereby authorized to set aside annually for depreciation an amount equal to two (2) 
per cent of its depreciable property in future accounting. 
This the 22th day of October, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3411. 

THE GOLDSBORO GAS COMPANY, EX PARTE 
Order 

This matter coming on to be heard upon the application of the Goldsboro Gas 
Company for an order granting a certificate of convenience and necessity covering 
the acquisition and operation of gas properties in the Town of Goldsboro now owned 
and operated by the Tide Water Power Company, to issue certain notes, evidence 
of indebtedness, and to secure the same by mortgage or deed of trust on said Golds- 
boro gas properties and to approve the issuance and the negotiation of certain promis- 
sory notes and borrowing upon open account; 

It Is Ordered: That said application be filed and that this matter be and it hereby 
is docketed and set for immediate hearing before the Commission upon said applica- 
tion and upon such evidence, statements, and representations as the Goldsboro Gas 
Company, through its representatives, may desire to submit for the consideration of 
the Commission; 

And thereupon this matter came on this day to be heard and was heard upon said 
application and the statements and representations of the representatives of the 
Goldsboro Gas Company, from which it appears that the Goldsboro Gas Company 
desires to purchase from the Tide Water Power Company the real estate, gas plant, 
distribution system, and appurtenances connected therewith, located in the City of 
Goldsboro, together with the franchise from the municipality covering such business, 
for the base price of $65,000.00, $35,000.00 to be paid in cash and the balance to be 



88 N. C. Utilities Commission 

represented by six promissory notes, bearing date at the time of the closing of the 
negotiations leading to the purchase of said properties, and bearing interest at 5 per 
cent per annum, payable semi-annually; and one of said notes to become due twelve 
months after date and a similar note to become due and payable in each year there- 
after until all of said notes are fully paid and discharged, said notes to be secured by a 
first mortgage or deed of trust on the properties of the Goldsboro Gas Company; 
and as part of said purchase Goldsboro Gas Company is to borrow from Town and 
Country Gas Company, Inc., the sum of $30,000.00, said indebtedness to be evidenced 
by a promissory note bearing date substantially as of the date of the purchase of said 
properties from Tide Water Power Company, bearing interest at 6 per cent and be- 
coming due and payable five years after date, and to borrow on open account the 
sum of $27,000.00, bearing interest at 6 per cent, from Town and Country Gas Com- 
pany, Inc., and that the notes to be issued to Tide Water Power Company by Golds- 
boro Gas Company are, as additional security, to be guaranteed as to payment of 
both principal and interest by the Town and Country Gas Company, Inc., said guar- 
antee by the Town and Country Gas Company, Inc., to be protected by a second 
lien created in the mortgage or deed of trust to Tide Water Power Company, covering 
the said five promissory notes of $6,000.00 each, and the Commission being of the 
opinion that the relief prayed should be granted; 

It Is Therefore Ordered, Adjudged, And Decreed: That rehef prayed 
should be granted and a certificate of convenience and necessity be and the same is 
hereby issued to Goldsboro Gas Company, authorizing and empowering it to pur- 
chase from the Tide Water Power Company said Goldsboro gas properties and there- 
after to operate the same. 

It Is Further Ordered, Adjudged, And Decreed: That the Goldsboro Gas 
Company be and it hereby is authorized to issue to the Tide Water Power Company 
five promissory notes of $6,000.00 each, bearing date as of the day of the purchase of 
said gas properties and bearing interest at the rate of 5 per cent per annum, payable 
semi-annually, the first of said notes to become due and payable one year after date 
and a similar note to become due and payable each year thereafter until all of said 
notes are fully paid and discharged, and to secure the payment of said notes by pledg- 
ing the properties of the Goldsboro Gas Company to Tide Water Power Company by 
means of mortgage or deed of trust and in substantially the same form as this day 
submitted to this Commission. 

It Is Further Ordejied, Adjudged, And Decreed: That the Goldsboro Gas 
Company be and it hereby is authorized to issue to Town and Country Gas Com- 
pany, Inc., its promissory note in the principal sum of $30,000.00, bearing date ap- 
proximately the date of the purchase of the said Goldsboro gas properties from Tide 
Water Power Company and bearing interest at 6 per cent and falling due and be- 
coming payable five years after date, and to secure the payment of said note by mort- 
gage or deed of trust on the said properties of the Goldsboro Gas Company, said 
mortgage or deed of trust to be subordinated to the mortgage or deed of trust secur- 
ing the said indebtedness payable to the Tide Water Power Company. 

It Is Further Ordered, Adjudged, And Decreed: That the Goldsboro Gas 
Company be and it hereby is authorized to borrow on open account from the Town 
and Country Gas Company, Inc., the sum of $27,000.00, said loan to bear interest 
at 6 per cent and which may be renewed for a period of time in excess of two years. 

It Is Further Ordered, Adjudged, And Decreed: That the plan of financing 
for the purchase of the Goldsboro gas properties by the Goldsboro Gas Company, 
consisting of the issuance of the foregoing evidence of indebtedness and borrowing 
on open account and the form of capitalization of the Goldsboro Gas Company, and 



Decisions and Adjustments of Complaints 89 

by it the issuance of 10,000 shares of capital stock and the sale of 9,925 shares thereof 
at $1.00 per share to the Town and Country Gas Company, Inc., be and the same 
hereby is approved. 

In making this order the Commission finds it a fact that the purchase of the Golds- 
boro gas properties by the Goldsboro Gas Company, together with the plan of financ- 
ing submitted by the Goldsboro Gas Company, and including the issuance of the 
aforesaid promissory notes, borrowing on open account, and sale of capital stock is 
for a lawful object and within the corporate purposes of the utility, is compatible with 
the public interest, is necessary or appropriate for and consistent with the proper 
performance by the utility of its service to the public as such utility, and will not im- 
pair its ability to perform that service, and is necessary and appropriate for such 
purposes. 



This, the 7th day of December, 1946. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3850. 

GOLDSBORO GAS COMPANY, INC. 

Order For Intervenor 

The above entitled cause coming on to be heard before the Commission, and order 
having issued approving the purchase by Goldsboro Gas Company of the Goldsboro 
gas properties owned by Tide Water Power Company, and certificate of convenience 
and necessity covering the same having been issued, the Tide Water Power Company 
makes apphcation to intervenor for the purpose of securing an order authorizing and 
approving the sale of said Goldsboro gas properties to the Goldsboro Gas Company . 

And the said application of the intervenor having been considered at the time of 
the hearing on the application of the Goldsboro Gas Company, and the Commission 
being of the opinion that the rehef prayed should be granted; 

It Is Therefore Ordered, Adjudged, And Decreed: That the Tide Water 
Power Company be permitted to intervene. 

It Is Further Ordered, Adjudged, And Decreed: That the Tide Water Power 
Company is hereby authorized to sell to Goldsboro Gas Company its gas properties 
located in the City of Goldsboro, and the sale thereof is hereby approved, and after 
the date of the delivery of the instrument of conveyance from Tide Water Power 
Company to Goldsboro Gas Companj^, the Tide Water Power Company be and it is 
thereupon relieved from any further obligation to operate said gas properties under 
its corporate franchise or in any other manner carry on gas business in the City of 
Goldsboro . 



This, the 7th day of December, 1946. 



Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3850. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson. Commissioner. 



90 N, C. Utilities Commission 

ACCOUNT ADJUSTMENTS BY THE NORTH CAROLINA GAS COMPANY 
AND THE FIXING OF RATE FOR DEPRECIATION. 

Order 

This case comes before the Commission on the application of the North CaroUna 
Gas Company for authority to make certain adjustments in its accounts and for an 
authorized rate of depreciation to be used in future accounting. 

In the petitin is the following statement: 

"Since June 30, 1945, it has made changes in its balance sheet as follows, thereby 
eliminating the deficit of $6,837.80 shown on the said statement and permitting the 
corporation to show only a capital surplus: it has increased its reserve for plant de- 
preciation to $217,442.20, and has combined its capital surplus with its earned sur- 
plus deficient, which changes will still leave the corporation with a substantial capital 
surplus. 

"It avers that hereafter, in keeping its books and making reports to the Utilities 
Commission, its plant depreciation should be established and set up more nearly in 
accordance with the depreciation shown in its income tax returns." 

In the analyses of the data submitted with application and the information in the 
Annual Reports of said applicant on file in this office the Commission finds that the 
adjustments for which approval is requested are in accord with proper accounting 
and should be approved; therefore. 

It Is Ordered: That approval is hereby given to the accounting adjustments 
requested by the North Carolina Gas Company as set forth above. 

It Is Furthered Ordered : That the North Carolina Gas Company is hereby 
authorized to set aside annually for depreciation an amount equal to two (2) per cent 
of its depreciable property in future accounting. 

This the 22nd day of October, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3410. 

NORTH CAROLINA GAS CORPORATION 

ERECTING GAS PLANT AT THOMASVILLE AND ABANDONING GAS 
MAIN BETWEEN LEXINGTON AND THOMASVILLE 

Order 

This case comes before the Commission on the application of the North Carolina 
Gas Corporation, with headquarters at Lexington, N. C, for authority to abandon its 
four inch gas transmission line between Lexington and Thomasville through which 
the Company now serves the City of Thomasville from its Lexington plant. The 
application further stated: 

"It is our proposal to serve the City of Thomasville by an undiluted Propane 
Plant, located in Thomasville, thereby making it possible to abandon the line be- 
tween Lexington and Thomasville. 

"By the establishment of a separate plant for Thomasville, we believe that better 
service can be rendered, and that this change will be to the best interest of all con- 
cerned. 



Decisions and Adjustments of Complaints 91 

"It is proposed that there will be no change in the rates, as the new gas will be sold 
at the same rate per BTU as that which now exists. 

"In this proposed change of gas there is no contemplated new expenditure on the 
part of any customer, as we will make whatever changes may be necessary to the 
customer's appliances for the use of the new gas. 

"At the present time eleven (11) customers outside the city limits of Lexington 
and Thomasville are served from that portion of the transmission line which we 
propose to abandon. It is our plan to serve these customers through the installation 
of bottled gas, and no interruption of their service is contemplated." 

No one appeared in opposition. 

It is quite apparent to the Commission that the Company's proposal is decidedly 
in the best of interest to all concerned and that the authority requested should be 
granted. 

It Is, Therefore, Ordered, That the North Carolina Gas Corporation is hereby 
granted authority to erect a plant for the manufacture and sale of illuminating gas 
within the Town of Thomasville, N. C, to supersede the pipe line service from Lex- 
ington now in use. 

It Is Further Ordered, That when the proposed plant is built and is supplying 
satisfactory service to customers in the Thomasville area, the Company is hereby 
granted authority to abandon the pipe line in question between Lexington and Thom- 
asville. 

This 8th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3693. 

GAS RATE SCHEDULE OF THE PUBLIC SERVICE COMPANY OF NORTH 
CAROLINA APPLICABLE TO SERVICE IN ASHEVILLE, DURHAM AND 
RALEIGH. 

Order 

This case comes before the Commission on the request of the Public Service Com- 
pany of North Carolina for approval of gas rate schedule designed to supersede all 
existing rate schedules at Asheville, Durham and Raleigh, except prepay meter and 
refrigeration schedules, effective on meter readings on and after November 1, 1945. 

Mr. C. B. Ziegler, President of the Company, appeared for the Company and was 
the only witness. No one appeared in opposition. 

Mr. Ziegler stated that the schedule was designed to eliminate what might be 
construed as discrimination in certain present rate schedules and expressed a desire 
on the part of the Company to get all service at all points in its system on a uniform 



The new schedule, he stated, would effect a saving at Asheville amounting to $300 
annually and to Durham customers a saving of about $15,000 yearly. Owing to the 
low domestic rate in Raleigh and the much higher commercial rate, he stated that 
the slight increase in the domestic rate and the reduction in the commercial rate 
by the new schedule would produce about the same amount of revenue. He pointed 
out that coal which a few years ago could be bought at seventy-five cents a ton at 
the mine now cost $3.40 a ton. 



92 N. C. Utilities Commission 

In view of the reductions which would result from the proposed schedule in Ashe- 
ville and Durham and the opinion that the new rates would be reasonable and fair 
for Raleigh, the Commission became convinced that the proposed schedule should be 
approved; therefore, 

It Is Ordered, That the following gas rate schedule of the Public Service Company 
of North CaroHna shall become effective on all meter readings on and after Novem- 
ber 1, 1945, and shall supersede all existing gas rate schedules of said Company, ex- 
cept prepay meter and refrigeration schedules : 

"PUBLIC SERVICE COMPANY OF N. C, INC. 
Asheville-Durham-Raleigh Divisions 

Asheville, Chapel Hill, Durham, Raleigh, and vicinities 
Rate Schedule No. 1 

Applying on Customer's Bills rendered on and after November 1, 1945 

This schedule is available to all customers and replaces all existing schedules of 
the Company for the sale of gas service by a regular meter in the Asteville, Durham, 
and Raleigh territories. 

Rates Net Gross 

First 2,000 cu. feet @ S1.70 per M. $1.80 per M. 

Next 3,000 cu. feet @ 1.00 per M. 1.10 per M. 

Next 5,000 cu. feet @ 85 per M. .95 per M. 

Next 40,000 cu. feet @ .70 per M. .80 per M. 

All Over 50,000 cu. feet @ .60 per M. .70 per M. 

Minimum Monthly Bill $1.50 Net; $1.60 Gross 

Note: The gross amount of the bill shall be due and payable if not paid within ten 
( 10) days from date of bill. 

Fuel Clause 

The above rates are established upon an average base price of six dollars ($6.00) 
per ton for gas generator coal delivered at the Company's plants and six cents ($.06) 
per gallon for gas oil delivered at the Company's plants. Such rates will be increased 
or decreased one cent ($.01) per thousand feet of 525 BTU. gas used, for each thirty 
cents ($.30) increase or decrease in the above cost of coal, and such rates will be in- 
creased or decreased one cent ($.01) per thousand feet of 525 B.T.U. gas used, for 
each four mills ($.004) increase or decrease in the delivered cost of gas oil. 

Provided, that when the cost of fuel shall produce a higher or lower rate in accord- 
ance with the terms of the above fuel clause the Company shall file with the North 
Carolina Utilities Commission a supplement to this schedule setting forth the new 
rate which is produced and its effective date; and it is further provided that supple- 
ment must be approved by the Commission before it shall become effective. 

Service under the above schedule shall be subject to such reasonable rules and regu- 
lations as the Company may prescribe for the protection of itself and its customers." 

This the 9th day of October, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3373. 



Decisions and Adjustments of Complaints 93 

THE APPLICATION OF PUBLIC SERVICE COMPANY OF NORTH CARO- 
LINA, INCORPORATED, FOR AUTHORITY TO EXECUTE A SUPPLE- 
MENTAL TRUST INDENTURE TO COLONIAL TRUST COMPANY, AS 
TRUSTEE, MODIFYING AND AMENDING SUPPLEMENTAL TRUST 
INDENTURE DATED AS OF FEBRUARY 1, 1939, AND MODIFYING 
AND AMENDING SUPPLEMENTAL TRUST INDENTURE DATED AS 
OF FEBRUARY 1, 1944. 

Order 

This cause arises upon the application of Public Service Company of North Caro- 
lina, Incorporated, for authority to execute and deliver a Supplemental Trust In- 
denture to Colonial Trust Company, as Trustee, said Indenture to be dated as of 
February 1, 1946, modifying and amending Supplemental Trust Indenture dated as 
of February 1, 1939, and modifying and amending Supplemental Trust Indenture 
dated as of February 1, 1944, said Supplemental Trust Indenture to be dated as of 
February 1, 1946, providing for the issuance by Public Service Company of North 
Carolina, Incorporated, of $200,000.00 principal amount of additional First Mortgage 
Bonds 5 per cent Series due February 1, 1952, under the Indenture of February 1, 
1939; and providing further for the elimination of the Sinking Fund payments to be 
made by Public Service Company of North Carolina, Incorporated, to Colonial 
Trust Company, as Trustee, on the first day of February 1946, and on the first day 
of February, 1947, said Sinking Fund Payments having been provided for under Sec- 
tion 2 of Article III of the Supplemental Trust Indenture of February 1, 1944; and 
it further appearing that Jefferson Standard Life Insurance Company, the owner 
and holder of more than 80 Per Cent of the outstanding bonds of 5 per cent Series due 
1952, has consented in writing to the issuance of such additional bonds and to the 
elimination of the aforesaid Sinking Fund Payments, 

After considering the Petition and the prior Orders of this Commission relating 
to the acquisition of additional properties by the Petitioner and the issuance of Bonds 
in payment therefor, and after considering the proposed Supplemental Trust In- 
denture, it is believed that public convenience and interest will be enhanced by the 
granting of this Application for authority to execute and deliver the Supplemental 
Trust Indenture as described in the Petition and that the ability of the Petitioner to 
render public service will not be impaired by the execution and delivery of such in- 
strument. 

Whereas, It Is Ordered: That the Petition of Public Service Company of 
North Carolina, Incorporated, be and the same hereby is granted and to that end 
Public Service Company of North Carolina, Incorporated, and its officers are au- 
thorized to execute and deliver to Colonial Trust Company, as Trustee, the Supple- 
mental Trust Indenture of February 1, 1946, as described in the Petition. 
This, the 15th day of March, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3542. 



94 N. C. Utilities Commission 

IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COM- 
PANY OF NORTH CAROLINA, INCORPORATED, FOR AUTHORITY TO 
ISSUE 7,500 SHARES OF ADDITIONAL COMMON CAPITAL STOCK 
WITHOUT PAR VALUE TO BE DISTRIBUTED TO PRESENT COMMON 
STOCKHOLDERS PRO RATA, AND TO TRANSFER $750,000.00 FROM 
"CAPITAL SURPLUS" TO ''CAPITAL STOCK" AND REMAINING CAP- 
ITAL SURPLUS TO "RESERVE FOR DEPRECIATION." 

Order 

This cause arises upon the Apphcation of Publication of Pubhc Service Company 
of North Carolina, Incorporated, for authority to issue 7,500 Shares of additional 
Common Capital Stock without par value to be distributed to present common 
stockholders on a prorata basis, and to transfer $750,000.00 from "Capital Surplus" 
to "Capital Stock" and to transfer the remaining Capital Surplus to "Reserve for 
Depreciation." 

After considering the Petition and after considering Exhibit A attached to the 
Petition, the same being a balance sheet, as of January 31, 1946, before and after 
the issuance of $200,000.00 principal amount of additional First Mortgage Bonds 
and after the issuance of 7,500 Shares of Additional Common Capital Stock with- 
out par value, and after considering Exhibit B attached to said Petition, the same 
being a Statement of Earnings for the twelve months period ending January 31, 
1946, showing the changes in the deductions from revenues and in the net earn- 
ings flowing to Common Capital Stock before and after the issuance of the additional 
First Mortgage Bonds and the issuance of additional 7,500 Shares of Common Cap- 
ital Stock, it is believed that public convenience and interest will be enhanced by the 
granting of this Application for authority to issue 7,500 shares of additional Common 
Capital Stock without par value to be distributed to present Common Stockholders 
on a pro rata basis, and to transfer $750,000.00 from "Capital Surplus" to "Capital 
Stock" and to transfer the remaining Capital Surplus to "Reserve for Depreciation," 
all as described in the Petition, and that the ability of the Petitioner to render public 
service will not be impaired by the issuance of such additional stock and by the trans- 
fer from "Capital Surplus" to "Capital Stock" and by the transfer of the remaining 
Capital Surplus to "Reserve for Depreciation." 

Wherefore, It Is Ordered: That the Petition of PubUc Service Company of 
North CaroHna, Incorporated, be and the same hereby is granted, and to that end 
PubUc Service Company of North Carolina, Incorporated, and its officers, are author- 
ized to issue 7,500 Shares of additional Common Capital Stock without par value to be 
distributed to present Common Stockholders on a pro rata basis, and to transfer 
$750,000.00 from "Capital Surplus" to "Capital Stock" and to transfer the remain- 
ing Capital Surplus to "Reserve for Depreciation." 
This, the 15th day of March, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3543. 



Decisions and Adjustments of Complaints 95 

THE APPLICATION OF PUBLIC SERVICE COMPANY OF NORTH CARO- 
LINA, INCORPORATED, FOR AUTHORITY TO ISSUE AND SELL $200,- 
.000.00 PRINCIPAL AMOUNT OF ADDITIONAL FIRST MORTGAGE 
BONDS 5 PER CENT SERIES DUE FEBRUARY 1, 1952. 

Order 

This cause arises upon the application of PubUc Service Company of North Caro- 
Una, Incorporated, for authority to issue and sell $200,000.00 principal amount of 
additional First Mortgage Bonds 5 per cent Series due February 1, 1952, said Bonds 
to be issued pursuant to a Supplemental Indenture to be dated as of February 1, 
1946, authority to execute and deliver such Supplemental Indenture having been 
granted by this Commission pursuant to a Petition from Public Service Company of 
North CaroUna, Incorporated, dated as of February 8, 1946. 

After considering the Petition and the prior Orders of the Commission relating 
to the acquisition of additional properties by the Petitioner and the issuance of First 
Mortgage Bonds in payment therefor, and after considering Exhibit A attached to 
the Petition setting forth permanent additions as the basis for the issuance of such 
bonds and after considering Exhibit B attached to the Petition setting forth earnings 
applicable to bond interest, it is believed that pubhc convenience and interest will 
be enhanced by the granting of this application for authority to issue and sell $200,- 
000.00 principal amount of additional First Mortgage Bonds as described in the Pe- 
tition and that the abihty of the Petitioner to render public service will not be im- 
paired by the issuance and sale of such bonds. 

Wherefore, It Is Ordered: That the Petition of PubUc Service Company of 
North Carolina, Incorporated, be and the same hereby is granted and to that end 
Public Service Company of North Carolina, Incorporated, and its officers are au- 
thorized to issue and sell $200,000.00 principal amount of additional First Mortgage 
Bonds 5 per cent Series due February 1, 1952, pursuant to a Supplemental Trust 
Indenture to be dated as of February 1, 1946. 
This, the 12th day of March, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3544. 

Duke Power Company to the Commission. Amended gas rates for propane air 

service in BurUngton, High Point and SaUsbury. Approved. Docket No. 1620. 
EHzabeth and Suburban Gas Company to the Conmiission. Rates for Ehzabeth City 

•approved. Docket No. 3026. 
Elizabeth and Suburban Gas Company to the Commission. Complaint by Ensign 

C. H. Whitmore, Elizabeth City, of service and conduct of employes. Dismissed. 

Docket No. 3276. 

North Carolina Gas Corporation to the Commission. Gas rate schedule approved. 
Docket No. 3693. 

Public Service Company of North Carohna to the Commission. Complaint of service 
by Miss Mary E. Lazenby, Statesville. Adjusted. Docket No. 3219. 



96 N. C. Utilities Commission 

MOTOR VEHICLE LINES 

A. & C. Bus Lines, Inc., Route No. 7, Charlotte, N. C. Franchise Certificate No. 518. 
Passenger. 
Routes: 

1. From Charlotte to Padgett's Store over U.S. Highway No. 21, from Padgett's 
Store to Derita over Mecklenburg County Highway No. 122, from Derita to Char- 
lotte over Mecklenburg County Highway No. 11, from Derita to junction of U.S. 
Highway No. 28 at Sugar Creek Church over Mecklenburg County Highway No. 
116, and return over same routes. 

Reference: Order dated June 20, 1942, Docket No. 2623. 

2. Amended to include ( 1 ) from Mount Holly to Belmont over old and new State 
Highway No. 273 and return (2) from North Belmont to Mount Holly via Perfection 
Mill road by Perfection Mill and Acme Mill and return over same routes. The 
rights herein granted cease and determine at the expiration of six months after the 
declaration of peace between the United States and the countries with which it is 
now at war. 

Reference: Order dated January 3, 1944, Docket No. 3001. 

From Derita, in Mecklenburg County, over an unnumbered county road, via Alex- 
ander Store and Mallard Creek Church Community House, to the Mecklenburg- 
Cabarrus County Line; thence over an unnumbered county road in Cabarrus County, 
via Walker's Store, Shakespeare Harris' home, Rogers Store, Popular Tent Church, 
Beavers Grocery Store, and Gibson Mill, entering Concord on a road known as 
Poplar Tent Road and into Concord over North Spring Street, Depot Street, and 
Church Street, to the union bus station in Concord. 
Reference: Order dated July 15, 1946, in Docket No. 3460. 

From Charlotte to Davidson over U.S. Highway No. 21 under lease agreement with 
Atlantic Greyhound Corporation. 

Reference: Order dated October 13, 1944, Docket No. 2623. 

From Charlotte to Sugar Creek Church over U.S. Highway No. 29 under lease agree- 
ment with the Carolina Coach Company. 
Reference: Order dated March 23, 1944, Docket No. 2623. 

Arden Stage Company, Mrs. A. N. Graham d/b/a, 6 Westchester Drive, Ashe- 
ville, N. C. Franchise Certificate "No. 457. 

Passenger. 

Routes: Between Asheville and Airport — Pack Square via Biltmore Avenue to 
Brook, to intersection of Sweeten Creek Road, to Arden to Cane Creek Road to 
Fletcher; thence to Cane Creek Road to Airport. 

Asheville-Elk Mountain Bus Line, Asheville, N. C. Franchise Certificate 
No. 525. 

Passenger. 

Routes: (a) Asheville via Temp, N. C. 63 to Woodfin, via Burnsville Mill Road to 
top of Burnsville Hill and via Elk Mountain Road to Elk Mountain Village and 
mill, and return same route. 

(b) Asheville via N. C. 63 (or 191) to Craggy Bridge and via N. C. 191 to Elk 
Mountain Village, and return by same route. 

(c) Asheville to Leicester and beyond to Plemmon's Store and return via N. C. 
63. 



Decisions and Adjustments of Complaints 97 

(d) From Plemmons' Store to Garrett's Farm via Sandy Mush Road, Meadows' 
Store, Randall's Store, and Waldrop Store at Big Sandy Mush. Reference: Order 
dated April 18, 1945, in Docket No. 3092. 

Atlantic Coast Line Railroad Company, Wilmington, N. C. Franchise Certifi- 
cate No. 560. 

Property Carrier. 

Routes operated under Certificate No. 560. 

(a) Between the North Carolina- Virginia State Line and Wilmington, N. C. 
From the North Carolina- Virginia State Line over U. S. Highway 301 to the junc- 
tion of U. S. Highway 301 and U. S. Highway 117; thence over U. S. Highway 117 
to Wilmington, N. C, with alternate route between Wallace and Watha, N. C, 
over unimproved highways adjacent to the line of the railroad, and return over 

■ same route. 

(b) Between Wilson, N. C, and Dunn, N. C. From Wilson over U. S. Highway 
301 and return over same route. 

(c) Between Warsaw, N. C, and CUnton, N. C. From Warsaw over U. S. High- 
way 24 and return over same route. 

(d) Between Spring Hope, N. C, and Plymouth, N. C. From Spring Hope over 
U. S. Highway 64 and return over same route. 

(e) Between Halifax, N. C, and Robersonville and Williamston, N. C. From 
Halifax over U. S. Highway 301 to junction with North Carolina Highway 561; 
thence over North Carolina Highway 561 to junction with U. S. Highway 258; 
thence over U. S. Highway 258 to Scotland Neck, N. C, with alternate route be- 
tween Halifax and Scotland Neck over N. C. Highway 125 and U. S. Highway 
301; thence over North Carolina Highway 125 to junction with N. C. Highway 
503; thence over North CaroUna Highway 503 to Robersonville, or over North 
Carolina Highway 125 to WilUamston, and return over same route. 

(f) Between Bethel, N. C, and Kinston, N. C. From Bethel over North Caro- 
lina Highway 11, and return over same route. 

(g) Between Greenville, N. C, and Washington, N. C. (with closed doors.) 
From Greenville over U. S. Highway 264 to Chocowinity, N. C; thence over U. S. 
Highway 17 to Washington, and return over same route. 

Atlantic Greyhound Corporation, 1101 Kanawha Valley Building, Charleston, 
West Virginia; 1203 State Planters Bank Building, Richmond, Virginia; c/o 
H. G. Hudson, Wachovia Bank Building, Winston-Salem, North Carohna. 
Franchise Certificate No. 429. 

Passenger. 

Routes: Routes covered by Franchise Certificate No. 429, which is hereby re- 
newed as of December 16, 1939. Since the issuance on December 16, 1936, of 
Certificate No. 429, of which this is a renewal under Chapter 136, Public Laws of 
1927, and amendments thereto, the State Highway Commission has changed 
practically all the Highway Route numbers and this certificate in being renewed 
has been made to conform to the new numbers in accordance with the Highway 
Map dated 1939, but in changing the numbers the cities en route have been fol- 
lowed so as to properly locate the highways operated by the owner of this certificate 
and its predecessors. 

(1) From Virginia-North Carolina State Line (near Price, N. C.) via Stone- 
ville, Madison, Walnut Cove, and Walkertown over Highways Nos. 220 and 311 



N. C. Utilities Commission 

to Winston-Salem; thence to the North Carolina-South CaroUna State Line 
(near Grover, N. C.) via Clemmons, Mocksville, Statesville, Mooresville, Hunt- 
ersville, Charlotte, Gastonia, and Kings Mountain over Highways Nos. 158 
64, 21, 29 and 74 and over Highways Nos. 7 and 161 with the understanding 
that the Queen City Coach Company, Inc., has equal rights to operate between 
Charlotte and Kings Mountain via Highways Nos. 29 and 74 over Highway No. 
7 via Belmont, McAdenville, Lowell, Ranlo to Gastonia and over No. 161 via 
Bessemer City in accordance with agreement dated August 24, 1932, copy of 
which appears on the back of Certificate No. 240 outstanding in the name of 
Queen City Coach Company, Inc. 

(2) From Charlotte to North Carolina-South Carolina State Line via Pine- 
ville over Highway No. 21 and from Pineville to North Carolina-South Carolina 
State Line via U. S. Highway No. 521. 

(3) From Tennessee- Virginia State Line (near Zionville) to Winston-Salem 
via Boone, North Wilkesboro, Brooks Cross Roads, and Yadkinville over High- 
way No. 421. 

(4) From Shelby to Winston-Salem via Fallston, Belwood, Toluca, Morgan- 
ton, Lenoir, Wilkesboro, Ronda, Elkin, Boonville and East Bend over Highways 
Nos. 18, 268, 21 and 67. 

(5) From Lenoir to Statesville via Taylorsville over Highway No. 90 and 
Taylorsville to Wilkesboro via Moravian Falls over Highway No. 16. 

(6) From Virginia-North Carolina State Line (between Mount Airy, N. C. 
and Hillsville, Va.) to Greensboro via Mount Airy, Pilot Mountain, Rural Hall, 
Winston-Salem, Kernersville and Friendship, over Highways Nos. 52 and 421; 
and 703 between Winston-Salem and Kernsville; and 311 between Winston- 
Salem and High Point. 

(7) From Virginia-North CaroUna State Line to Twin-Oaks via Highway 
No. 21 (also No. 221). 

(8) From Jefferson to Statesville via Scottville, Sparta, Roaring Gap, Elkin, 
Brooks Cross Roads, and Harmony over Highways Nos. 16, 221 and 21. 

(9) Prom Jefferson to Boone via Baldwin over Highway No. 221. 

(10) From Winston-Salem to Raleigh via Lexington, Asheboro, Siler City, 
Pittsboro and Cary over Highways Nos. 52 and 64. 

(11) From Greensboro to Virginia-North Carolina State Line (near Pelham) 
via Reidsville over Highway No. 29. 

(12) From Winston-Salem to Reidsville via Stokesdale and Wentworth over 
Highway No. 158. 

(13) From Tenn.-North Carolina State Line (near Hot Springs, N. C.) to 
South CaroHna-North CaroUna State Line (near Tuxedo) via Hot Springs, Mar- 
shall, Asheville, Skyland, Fletcher, Hendersonville and Flat Rock over Highway 
No. 25; and from Hendersonville to South Carolina-North Carolina State Line 
via Davidson River, Brevard and Cedar Mountain over Highways Nos. 64 and 
276. 

(14) From Virginia-North CaroUna State Line (near Wise, N. C.) to South 
Carolina-North Carolina State Line (near Little River, S. C.) via NorUna, 
Henderson, Franklinton, Raleigh, Clayton, Smithfield, Selma, Princeton, Golds- 
boro. Mount Olive, Warsaw, Kenansville, Tin City, Burgaw, Wilmington, 
BoUvia, Supply and Shallotte, over Highways Nos. U. S. 1, 70, 117, and 17; also 
Henderson to Durham via Oxford and Creedmoor over Highways Nos. 15 and 



Decisions and Adjustments of Complaints 99 

158; from Franklinton to Louisburg over Highway No. 56 and from Louisburg 
to Hendersoa via Epson over Highway No. 39, and an unnumbered highway be- 
tween Warsaw and Wallace via Magnolia and over Highway No. 41 between 
Wallace and Tin City. 

(15) Between Raleigh and Fayetteville via U. S. Highway No. 15A, Raleigh, 
N. C, to Five Points (Cairo); N. C. Highway No. 55, Five Points (Cairo) to 
Angier; N. C. Highway No. 210, Angier to Lillington; and U. S. Highway No. 
15A, LilUngton to Fayetteville; subject to the restriction hereinafter set forth. 
That in the operation granted in Order in Docket No. 1191 outlined above in 
this paragraph the Atlantic Greyhound Corporation shall not have the right to 
transport passengers originating at Raleigh destined to Fayetteville, passengers 
originating at Fayetteville destined to Raleigh, passengers originating at Raleigh 
destined to points on U. S. Highway No. 15A between Raleigh and Five Points 
(Cairo), including Five Points (Cairo), and passengers originating at Fayette- 
ville destined to points between Five Points (Cairo) and Raleigh on U. S. High- 
way No. 15A, nor passengers originating at Fayetteville destined to points be- 
yond Raleigh not on the Atlantic Greyhound Lines. 

( 16) Raleigh to North CaroUna-South Carolina State Line, near McCall, S. C, 
via U. S. No. 15A via Fuquay Springs, Kipling, Lillington, Bun Level, Fayette- 
ville, Raeford, Wagram and Laurinburg, without privilege of local operation be- 
tween Raeford and Fayetteville and operation over that part of the route be- 
tween Raleigh and Lillington being restricted to the transportation of passengers 
whose origin or destination is between Lillington and Fayetteville, not includ- 
ing either, and points included on the routes above given south of Fayetteville. 

(17) Between Walkertown and Winston-Salem over U. S. No. 311. (New 
U. S. Highway No. 311 between Walkertown and Winston-Salem.) See Line 2, 
Paragraph 1. 

(18 Between Raleigh and North CaroUna- Virginia State Line via Creedmoor 
and Oxford over U. S. Highways Nos. 15A and 15. 

(19) Between Creedmoor and Camp Butner over the several unnumbered 
highways from 15 A to Camp Butner. 

(20) Between Smithfield and Castle Hayne over U. S. Highways Nos. 311, 701 
and 421 via Clinton. 

(21) Between Angier and Erwin via Coats over N. C. Highway No. 55, Erwin 
and U. S. Highway No. 15A via Linden over N. C. Highways 82 and 217. 

(22) Between Stokesdale and Reidsville over U. S. Highway No. 158. (New 
State Highway No. 65.) 

(23) From Mocksville, N. C, to Mooresville, N. C, over U. S. Highway No. 
601 from Mocksville to junction of said highway with N. C. Highway No. 801; 
thence over N. C. Highway No. 801 to Mooresville and return. 

(24) Between Shelby and Grover via Patterson over N. C. Highway No. 26. 

Note: Existing operating agreements with other carriers are shown in Dockets Nos. 
2919, 3347 and 3353 to which reference is made. 

C. E. Autry 

Red Springs, N. C. Franchise Certificate No. 587 

Passenger 
Routes: 

From Raeford to Saint Pauls over N. C. Highway No. 20. 

From Duffie's (near Red Springs) to Red Springs over a county highway and 



100 N. C. Utilities Commission 

from Red Springs to Rowland over N. C. Highway 710 via Pembroke, and thence 

to Fairmont over N. C. Highway 130, and return over the same route. 

From Laurel Hill to Fayetteville over county highway known as the Old Wire 

Road via Wagram, Antioch, Dunndaroch, Hope Mills and Cumberland Mills, 

and return over the same route; from St. Pauls to Highway No. 87 over N. C. 

Highway 20 via Page's Lake, and return over the same route. 

Reference: Order dated July 6, 1946, in Docket No. 3564. 

Operations permitted between Raeford and Red Springs over Highway No. 211 

under lease agreement with Queen City Coach Company as appears in Order 

dated February 8, 1946, in Docket No. 3394. 

Robert Ballard, 346 Haywood Road, West Asheville, N. C. Franchise Certificate 
No. 559. 

Passenger. 

Routes: Between Starnes Cove and Asheville over Deaverview Road, Monte 

Vista Road and Pole Creek Road, thence over Pole Creek Road to Robinson's 

Store; thence to Asheville over N. C. Highways Nos. 19 and 23, with the following 

limitations: 

That the appUcant has the right to transport passengers originating in or des- 
tined to the areas traversed by Deaverview, Starnes Cove, Monte Vista and 
Pole Creek Roads to and from Asheville over U. S. Highway No. 19 but shall 
not soUcit potential passengers of the Smoky Mountain Stages, Inc., nor hold 
itself out to transport passengers between Asheville and points along the U. S. 
Highways Nos. 19 and 23, and to not engage in intracity service in the City of 
Asheville. (In accordance with Commission's order dated June 4, 1943, in 
Docket No. 2864.) 

Beatty's Ford Bus Company, Charlotte, N. C. Franchise Certificate No. 517. 
Passenger. 

Routes: From Charlotte over Highway No. 12 as shown on the 1942 Map of 
Mecklenburg County, also known as Beatty's Ford Road, via WilHams Memorial 
Church, Hopewell Church, and Gilead Church to the intersection of County High- 
way No. 148 at a point near said Gilead Church, thence over said Highway No. 
148 to its intersection with N. C. Highway No. 73 thence over said No. 73 via 
Cornelius to Davidson, and return. 

Reference: Order issued June 20, 1942, in Docket No. 2615. Amended November 
16, 1942, In Docket No. 2774. 

Beech- Asheville Bus Line, F. 0. Edwards, d/b/a, Weaverville, N. C. Fran- 
chise Certificate No. 554. 
Passenger. 

Routes: From Beech over the Reems Creek Road to Weaverville; thence to 
Asheville over U. S. 19, limited to passengers originating in or destined to the Com- 
munity along the Reems Creek Road between Beech and Weaverville with the 
right to transport such passengers to and from Asheville and intermediate points 
along U. S. 19 between Asheville and Weaverville. 

Billings Transfer, H. C. Billings t/a North Wilkesboro, N. C. Franchise Cer- 
tificate No. 569. 
Freight. 

Routes: From North Wilkesboro to Lenoir over Highway No. 18. (In accord- 
ance with order of the Commission dated November 24, 1944, Docket No. 3120). 



I 



Decisions and Adjustments of Complaints 101 

D. J. Black d/b/a Black's Motor Express, Wilmington, N. C. Franchise Cer- 
tificate No. 373. 

Freight. 

Routes: From Wilmington to Sanford over U. S. Highway No. 421 via Castle 
Hayne, Ward's Corner, Clinton, Dunn, Lillington and Jonesboro and from Wil- 
mington to New Bern over U. S. Highway No. 17 via Folkstone, Jacksonville 
and PoUocksville as shown on the 1945 N. C. Highway map. 
Reference: Order dated October 26, 1945, in Docket No. 2854. 

Blue Ridge Freight Lines, W. R. Hardbarger t/a North Wilkesboro, N. C, Fran- 
chise Certificate No. 607. 

Freight. 
Routes: 

1. From Statesville over U. S. 64 to Mocksville, thence over U. S. 158 via Clem- 
mons to Winston-Salem. 

2. From junction of U. S. 64 and N. C. 901, nine miles west of Mocksville over 
N. C. 901 via Harmony and Union Grove to the intersection of N. C. 115, thence 
over N. C. 115 to North Wilkesboro. 

Reference: Order dated September 4, 1946, in Docket No. 3739. 

Blue Ridge Trucking Company, Nemiah Goldstein and Barnard Goldstein d/b/a, 
101 South Lexington Street, Asheville, N. C. Franchise Certificate No. 492. 

Freight. 

Routes: Asheville and Hendersonville over Highway No. 25; thence to Brevard 
over Highway No. 64; thence from Brevard over Highways Nos. 280 and 191 to 
Asheville, daily beyond Brevard to Lake Toxoway via Rosman over Highway No. 
64. 

Amended to include the following: To operate over N. C. Highway 191 between 
Mills River and Hendersonville over N. C. 280 from Skyland to Avery's Creek 
and over U. S. 25 from Hendersonville to Tuxedo. From Asheville to Sylva over 
U. S. 19 and 23; from Sylva to Bryson City over U. S. 19; from Bryson City to 
Franklin over N. C. 28 and from Sylva to Franklin over U. S. 23. 
Reference: Order dated August 28, 1946 in Dockets Nos. 3493 and 3512. 

Brooks Transportation Company, Inc., Richmond, Va. Franchise Certificate 
No. 469. 

Freight. 

Routes: From Virginia-North Carolina Line via Route 70 to Reidsville, via 
Route 158 to Wentworth and via Route 48 to Winston-Salem. 

The intrastate right granted to Brooks Transportation Company, Inc., Rich- 
mond, Va., between Virginia-North CaroUna State Line via Route 70 to Reids- 
ville via Route 158 to Wentworth, Stokesdale and Winston-Salem, (Highway No. 
158 was formerly 48 between Wentworth and Winston-Salem) and was carried in 
Certificate No. 469, has been leased to J. M. Goldston, Individual, doing business 
as Goldston Motor Express, for a period of one year with the privilege of extending 
the lease for five years and option to purchase at the end of one year from April 12, 
1939. 



102 N. C. Utilities Commission 

BucKNER Transfer Company, R. F. Buckner d/b/a, 101 South Lexington Avenue, 
Asheville, N. C. Franchise Certificate No. 442. 

Freight. 
Routes: 

1. From Asheville over U. S. 23 via Weaverville, Stocksville and Swiss to Ram- 
saytown; from intersection of U. S. 23 and N. C. 36-A, southeast of Mars Hill, 
over N. C. 36-A, to Mars Hill; thence northeast over N. C. 213 to the intersection 
of U. S. 23. 

2. From the intersection of U. S. 23 and U. S. 19-E over U. S. 19-E via Burns- 
ville, Micaville, Spruce Pine, Ingalls, Plumtree and Cranberry to Elk Park; from 
Burnsville over N. C. 197 to Pensacola; from Micaville over N. C. 80 to Celo. 

3. From the intersection of U. S. 19-E and N. C. 197, west of Burnsville, over 
N. C. 197 via Day Book and Green Mountain to Red Hill; thence over N. C. 26 
via Bakersville and Spruce Pine to the intersection of N. C. 26-A, thence over 
N. C. 26-A to Little Switzerland; from Day Book over an unnumbered road to 
Ramsaytown on U. S. 23. 

4. From Ingalls over N. C. 194 via Crossnore, Newland and Banners Elk to 
Vilas; thence over U. S. 421 via Boone and Deep Gap to North Wilkesboro; from 
Newland over N. C. 181 to Linville; thence over U. S. 221 via Pineola to the junc- 
tion of N. C. 194. 

5. From Vilas over U. S. 421 via Sugar Grove and Zionville to the Tennessee 
Line, thence over N. C. 88 via Creston, Warrensville and Jefferson to the inter- 
section of N. C. 16; thence over N. C. 16 via Glendale Springs and Wilber to the 
intersection of U. S. 421 at Millers Creek. 

Burke Transit Company, Morganton, N. C. Franchise Certificate No. 498. 
Passenger. 

Routes: The following rights and routes copied from order dated May 23, 1941» 
in Docket No. 2235: 

1. That the Burke Transit Company be and it is hereby granted Franchise 
rights to operate as motor vehicle passenger carrier over Highway No. 181 from 
Morganton to Salem and return from Morganton to Oak Hill and return. 

2. That the agreement entered into between the Burke Transit Company and 
the Atlantic Greyhound Corporation, dated April 28, 1941, by which the Burke 
Transit Company will be permitted to operate as a passenger carrier from Morgan- 
ton to Mt. Home and return and from Morganton to Piedmont Road and return 
over U. S. Highway No. 18, as lessee under the Franchise rights of the Atlantic 
Greyhound Corporation, be and the same is hereby approved, and the right to 
operate as passenger carrier within the limits and subject to the provisions of said 
agreement, it is hereby granted, a copy of said agreement to be attached to this 
order for reference to the provisions thereof. 

3. That the agreement entered into between the Burke Transit Company and 
the Queen City Coach Company, dated May 9, 1941, by the terms of which the 
Burke Transit Company will be permitted to operate as passenger carrier from 
Morganton to Stamey's Service Station over U. S. Highway No, 70; thence to 
Drexel, over State Highway No. 114, and return, and from Morganton to Glen 
Alpine over U. S. Highway No. 70 and return, under franchise rights of the Queen 
City Coach Company, be and the same is hereby approved, and the rights to oper- 
ate as passenger carrier within the limits and subject to the provisions of said 



I 



Decisions and Adjustments op Complaints 103 

agreement is hereby granted, copy of said agreement to be attached to this order 
for reference to the provisions thereof. 

1. From Morganton, N. C, Southeast, over N. C. Highway 18 to its point of 
intersection with an unnumbered county highway known as the "Enola Road," via 
the Town of Enola, to its point of intersection with N. C. Highway 18, and return 
over same route, a distance of approximately 8.2 miles. 

2. From Chesterfield over an unnumbered county highway to Hartland, and 
return over same route. 

3. From Morganton, N. C, over N. C. Highway 181 North to its point of inter- 
section with N. C. Highway 126; thence over Highway 126 to its point of intersec- 
tion with N. C. Highway 105; thence over Highway 105 approximately 2.3 miles 
to its point of intersection with unnumbered, unimproved county road to the Town 
of Glen Alpine, N. C, and return over same route, a distance of approximately 
29.3 miles. 

4. From the point of intersection of a county road with N. C. Highway 181 ap- 
proximately 7 miles North of the Town of Morganton, over said unnumbered 
county road a distance of approximately 3.5 miles to its point of intersection with 
N. C. Highway 126, and return over same route. 

5. From Bridgeport, N. C, North over unnumbered county highway known as 
the "Enon Road," via the "Falls Road" to its point of intersection with U. S. 
Highway 70, and return over same route, a distance of approximately 3 miles. 

6. From U. S. Highway 70 at the intersection of Antioch Road approximately 
33^ miles East of the Town of Morganton, North over unnumbered county high- 
way to its point of intersection with N. C. Highway 18, and return over same route, 
a distance of approximately 9.6 miles. 

7. From the point of intersection of County Road and U. S. Highway 70 at 
Connelly Springs, N. C, Northeast over unnumbered County Highway known as 
the "Knob Road," to the Town of Rhodhiss, and return over same route, a distance 
of approximately 6 miles. 

8. From Valdese, N. C, over unnumbered County Road via Abee's Chapel 
Southeast to George Hildebrand School and Catawba County line, and return 
over same route, a distance of approximately 12.4 miles. 

9. From intersection of County Road with N. C. Highway 181 approximately 
400 feet South of the N. C. School for the Deaf Bridge, and running thence to 
Henredon Furniture Company, and return over same route. 

(a) Over U. S. Highway No. 70 from the town of Icard, North Carolina, through 
the town of Morganton, North Carolina, to the town of Glen Alpine, North 
Carolina, and 

(b) From the junction of U. S. Highway No. 70 and N. C. Highway No. 114 to 
Drexel, North Carolina, over N. C. Highway No. 114. 

Reference: Docket No. 2235. 

Bush Transfer, Inc., Lenoir, N. C. Franchise Certificate No. 589. 
Freight. 

Routes: From Charlotte to Boone, over N. C. Highway 16 from Charlotte to 
Conover with closed doors between the intersection of Highway No. 16 and High- 
way No. 150 to Conover; thence over U. S. Highway No. 70 from Conover to 
Hickory; thence over U. S. Highway No. 321 from Hickory to Boone via Lenoir 



104 N. C. Utilities Commission 

and Blowing Rock, serving all intermediate points with off-route service to Rhod- 
hiss and Brookford; from Lenoir to Morganton over N. C. Highway No. 18. 
Reference: Order dated January 25, 1946 in Docket No. 3498. 

C. & S. Motor Express Company, North Wilkesboro, N. C. Franchise Certificate 
No. 291. 

Freight. 

Routes: Between North Wilkesboro and Winston-Salem, N. C, via Highway 
No. 60 via Yadkinville and Brooks Cross Roads. 

Carolina Coach Company, Raleigh, N. C. Franchise Certificate No. 147. 

Passenger. 

Routes: In accordance with the agreements between the Carolina Coach Com- 
pany and the Virginia-Carolina Coach Company, both of Raleigh, N. C, approved 
by the North Carolina UtiUties Commission, in order dated the 26th day of June, 
1941, Certificate No. 147, in favor of Carolina Coach Company, is amended and 
reissued to read as follows: 

1. Between Charlotte and Raleigh via the intervening towns of Concord, Salis- 
bury, Lexington, High Point, Greensboro, Burlington and Hillsboro, over U. S. 
Highways Nos. 29 and 29-A between Charlotte and Salisbury; U. S. Highways 
Nos. 52, 29 and 70 between Salisbury and Lexington; U. S. Highways Nos. 29 and 
70 between Lexington and Greensboro; U. S. Highway No. 70 and also via N. C. 
Highway No. 100 between Greensboro and Burlington; U. S. Highway No. 70 be- 
tween Burhngton and Raleigh via Hillsboro and Durham, N. C; Highway No. 
54 between Graham and Nelson via Chapel Hill; U. S. Highway No. 70-A and U. S. 
Highway No. 15- A between Durham and Raleigh; between Graham and Burling- 
ton via N. C. Highway No. 87; and between Graham and Haw River via N. C. 
Highway 49. 

2. Between Charlotte and Raleigh via the intervening towns of Albemarle, 
Mount Gilead, Biscoe, Carthage, Sanford, Moncure, Apex and Gary over N. C. 
Highway No. 27 between Charlotte and Carthage; U. S. Highways Nos. 1, 15 and 
501 between Carthage and Sanford; U. S. Highways Nos. 15, 1, 64 and 501 between 
Sanford and Raleigh via Moncure, New Hill, Apex and Gary; also between N. C. 
Highway No. 27 and Mount Gilead via N. C. Highway No. 73 and N. C. Highway 
109; between Red Cross and Oakboro via N. C. Highway No. 742; between N. C. 
Highway No. 27 and Hemp via N. C. Highway No. 705. 

3. Between Raleigh and Fayetteville via the intervening towns of McCullers, 
Varina, Fuquay Springs, Lillington, Erwin, Dunn, Godwin and Wade over U. S. 
Highways Nos. 15-A, 421 and 301. 

4. Between Durham and Rocky Mount via the intervening towns of Wake 
Forest, Dunn, Spring Hope and Nashville over N. C. Highway No. 264, N. C. 
Highway No. 98 and U. S. Highway No. 64. 

5. Between Raleigh and Spring Hope via the intervening towns of Wendell, 
Zebulon and Pilot over U. S. Highway No. 64. 

6. Between Zebulon and Washington, N. C, via the intervening towns of Bailey, 
Wilson, Farmville and Greenville via U. S. Highway No. 264. 

7. Between Dunn and Rich Square, N. C, via the intervening towns of Smith- 
field, Selma, Lucama, Wilson, Pinetops, Macclesfield, Crisp, Tarboro, Leggett, 
Lawrence and Scotland Neck via U. S. Highway No. 301, between Dunn and 
Wilson; N. C. Highway No. 42 between Wilson and Pinetops; N. C. Highway No. 



Decisions and Adjustments of Complaints 105 

124 between the junction of N. C. Highways Nos. 42 and 124 and Crisp; an un- 
numbered County Road between Macclesfield and Pinetops; U. S. Highway No. 
258 between the junction of N. C. Highway No. 43 and U. S. Highway No. 258 
and Rich Square; N. C. Highway No, 44 between Tarboro and Leggett; and N. C. 
Highway No. 95 between Leggett and Lawrence. 

8. Between Rocky Mount and Williamston via the intervening towns of Hearts- 
ease, Tarboro, Parmele and Robersonville over U. S. Highway No. 64. 

9. Between Goldsboro and Snow Hill via U. S. Highway No. 70 and N. C. High- 
way No. 102. 

10. Between Goldsboro and Greenville via the intervening towns of La Grange, 
Kinston, Grainger, Grifton and Ayden via U. S. Highway No. 70 and N. C. High- 
way No. 11. 

11. Between Roanoke Rapids and Jacksonville, N. C, via the intervening towns 
of Weldon, Halifax, Enfield, Whitakers, Battleboro, Rocky Mount, Pinetops, 
Crisp, Farmville, Snow Hill, Kinston and Richlands and over Highways Nos. 
N. C. 47, U. S. 158, U. S. 301, N. C. 43, N. C. 42 and U. S. 258. 

12. Between Durham and Chapel Hill via U. S. Highway No. 15. 
Amended June 26, 1941, subject to the conditions and otherwise in accordance 

with the order of October 1, 1940, to include the following streets in and about 
Kannapolis, N. C: 

a. Main-East Seventh-Lane Elwood- Venus-Cannon Blvd. Ridge Ave. 

b. Main-East F-Centerview-Center Grove Rd. to Royal Oaks Development. 

c. Main- West First-Elm-Eight-North Walnut-Eleventh-Kimball-Snipe-Main. 

d. Main-Beth Page Rd. 

13. Amended September 9, 1941, by adding: Wilson to Snow Hill via Nos. 264, 
58 and 102; Snow Hill to Ayden over N. C. No. 102. (See Docket No. 2263, order 
dated July 30, 1941.) 

14. Amended September 9, 1941, by adding: From Greenville to Pinetops via 
N. C. No. 43. serving Bruce and Falkland. (See Docket 2263, order dated July 
30, 1941, as to Virginia-Carolina Coach Co.) The Commission reserves the right 
upon more convincing evidence of financial ability and necessity, to hereafter 
grant franchise rights to Paul T. Ricks from Rocky Mount to Norlina via State 
Highway No. 43, and the right to connect said route with Greenville over State 
Highway No. 43. (See order referred to in this paragraph.) 

Amended December 9, 1941, to include: Between intersection of Highway No. 
95 and U. S. Highway No. 264 east of Zebulon and Lawrence over Highway No. 
95 via intervening towns of Stanhope, Rocky Mount and Leggett. (Order in 
Docket No. 2450.) 

Amended June 29, 1942, to include: Raleigh to Garner via U. S. No. 70, Garner 
to Benson via N. C. No. 50; thence to Fayetteville over existing franchise rights. 
(As amended.) (See order in Docket No. 2448.) 

Amended June 30, 1942, to include: Kinston to Dunn via N. C. No. 55, serving 
Seven Springs, Mount Olive and Newton Grove, Dunn to Sanford via U. S. No. 421, 
serving Erwin, Buies Creek, Lillington, Mamers, Broadway and Jonesboro (see 
Docket No. 1722), and N. C. 78, Jonesboro to Tramway. 

Amended August 5, 1942, by adding to Paragraph 12 the following: 

(e) South Ridge Avenue, Plymouth Street, Packard Street and Cadillac Street. 

(f) Westover Section-Enochville Road. (See Docket No. 2515.) (In and about 
Kannapolis.) 



106 N. C. Utilities Commission 

Amended September 19, 1942, to include all existing roads in the Raleigh-Dur- 
ham Airport and roads leading from Highways Nos. 70 and 70A into the Airport. 
(In accordance with order dated September 19, 1942, in Docket No. 2673.) 

Amended September 21, 1942, to include: From junction of U. S. Highway No. 
501 and Windsor Way Road; thence the Windsor Way Road through Hope Valley 
development to N. C. Highway No. 55 and thence by N. C. Highway No. 55 to 
Durham. (In accordance with order dated September 21, 1942, in Docket No. 
2736.) (Also 4/10 of one mile, known as part of Highway No. 751 connecting No. 
65 and No. 15, subject to complaint and hearing. 

Amended December 18, 1942, to include: From Wake Forest to junction of N. C. 
98 and N. C. 264 via N. C. 264; thence to junction of N. C. 98 and N. C. 59 via 
N. C. 98 to Spring Hope. (In accordance with order of the Commission dated 
December 18, 1942, in Docket No. 2694.) 

Amended May 6, 1943, to include: Carrboro to Hillsboro via Highway No. 86. 
(See Docket No. 2738.) 

Amended May 6, 1943, to include: From Charlotte over the Carolina Coach 
Company's existing franchise on State Highway No. 27 to the junction of the Amity 
Road; thence to Hickory Grove via unnumbered road; thence via unnumbered 
road to Lemmond's Store on Plaza Road; thence via Plaza Road to NeweU; thence 
via Plaza Road to Charlotte and return. (See Docket No. 2725.) Also 13^ miles 
of unnumbered highway between Alexander's Store and Hickory Grove in Meck- 
lenburg County and the Airport adjacent to said Hickory Grove. (Docket 2910.) 

Amended June 8, 1943, to include: Wilson to NorUna via N. C. 58 via Nashville, 
Castalia, Centerville, Liberia and Warrenton. (Docket No. 1748.) 

Amended August 6, 1943, to include: From Burlington to Thomasville and re- 
turn over State Highway No. 62; from Archdale to High Point and return over 
XJ. S. Highway No. 311; from the junction of State Highways Nos. 62 and 610 to 
High Point and return over said State Highway No. 610 and U. S. Highway No. 
311. (In accordance with order of the Commission dated August 6, 1943, in Docket 
No. 2740.) 

Amended November 19, 1943, to include: From LilUngton to Smithfield via 
N. C. 210 to junction with U. S. 70 and thence to Smithfield via U. S. 70 and return. 
(In accordance with order of the Commission dated November 19, 1943, in Docket 
No. 2739.) 

Amended February 9, 1944, to include: From Salisbury via old Salisbury-Con- 
cord Road to junction with State Highway No. 152; thence with closed doors over 
said Highway 153 to junction of U. S. Highway No. 29 and return. (In accordance 
with order of the Commission dated February 9, 1944, in Docket No. 2816.) 

Amended to include: (1) From Wilson over N. C. Highway 42 to junction of 
said highway with U. S. Highway 70, thence over said Highway 70 to junction of 
said highway with N. C. Highway 50, thence to Raleigh on the holder's existing 
franchise rights, with closed doors between Garner and Clayton, and return; and 
(2) From Saratoga to Falkland over N. C. Highway 222 and return. Reference: 
Order dated January 25, 1945, in Docket No. 3184. 

Amended to include the following route: 
From Charlotte to Concord over Mecklenburg County Highway 11 from Charlotte 
to Derita; thence over an unnumbered county road via Alexander Store and Mal- 
lard Creek Church Community House to the Mecklenburg-Cabarrus County Line; 
thence over an unnumbered county road in Cabarrus County via Walker's Store, 



Decisions and Adjustments of Complaints 107 

Shakespeare Harris' home, Rogers Store, Poplar Tent Road and into Concord over 
North Spring Street, Depot Street, and Church Street, to the union bus station in 
Concord, and from Derita over Mecklenburg County Highway 116 to Sugar 
Creek Church on U. S. Highway 29. 
Reference: Order dated October 3, 1946, in Docket No. 3777. 

Carolina Coach Company of Virginia, Richmond, Va. Franchise Certificate 
No. 428. 

Passenger. 

Routes: In accordance with the agreements between the Virginia-Carolina 
Coach Company and the CaroUna Coach Company, both of Raleigh, North Caro- 
lina, approved by the North Carolina Utilities Commission in order dated the 26th 
day of June, 1941, Certificate No. 428 in favor of the Virginia-Carolina Coach 
Company is hereby amended and reissued to read as follows: 

1. Between Raleigh and the Virginia-North Carolina State Line north of Cora- 
peake on N. C. Highway No. 32 via the intervening towns of Rolesville, Louisburg, 
Engleside, Warrenton, Littleton, Weldon, Garysburg, Jackson, Conway, Murfrees- 
boro, Winton, Gatesville and Sunbury over N. C. Highway No. 59, U. S. Highway 
No. 158 and N. C. Highway No. 32. 

2. Between the Virginia-North Carolina State Line north of Pleasant Hill, 
N. C, on Highway U. S. No. 301 to Garysburg, via Pleasant Hill over U. S. High- 
way No. 301. 

3. Between the intersection of N. C. Highway No. 47 and U. S. Highway No. 
301 to the intersection of N. C. Highway No. 47 and U. S. Highway No. 158 via 
Roanoke Rapids over N. C. Highway No. 47. 

4. Between Rich Square and Virginia-North CaroHna State Line via the in- 
tervening towns of Woodland, Murfreesboro and Como, over Highway No. 258. 

5. Between Woodland and Conway via Potecasi, over N. C. Highway No. 35; 
between intersection of N. C. Highways Nos. 305 and 35 and Woodland via N. C. 
Highway No. 35. 

6. Between Rich Square and Winton via the intervening towns of Aulander and 
Ahoskie, over N. C. Highways Nos. 305, 350 and 97. 

Rights purchased from J. C. Gilley d/b/a, Carolina- Virginia Lines. 

From Leaksville-Spray to North CaroUna- Virginia State Line; destination Dan- 
ville, Virginia, via Draper over N. C. Highway No. 700 and U. S. Highway No. 29. 

From Leaksville-Spray to Burlington via N. C. Highway 87 to Reidsville, N. C. 
from Reidsville to junction N. C. 87 and 100 via Thompsonville, Altamahaw and 
Ossipee. From junction N. C. 87 and 100 to Burlington via N. C. 100. 

From Leaksville-Spray to North Carolina- Virginia State Line and Ridgeway via 
State Highway No. 87. 

From Leaksville-Spray to Greensboro via N. C. Highway 770 to Stoneville and 
U. S. 220 from Stoneville to Greensboro via Mayodan, Madison and Summerfield, 
N. C. 

From Murfreesboro, N. C, to the Virginia State Line via Como over U. S. 258; 
Woodland to junction of U. S. 258-U. S. 158 via U. S. 258. Woodland to junction 
of N. C. 305-N. C. 35 via N. C. 35. (See order dated November 4, 1942, in Docket 
No. 2303.) 

(Route from junction of 158 to 258 to Murfreesboro not covered by order. Other- 
above conforms to our Certificate No. 428.) 



108 N. C. Utilities Commission 

Cakolina Scenic Coach Lines, McD. Turner, owner, 231 E. Main Street, Spartan- 
burg, S. C. Franchise Certificate No. 68. 

Passenger. 

Routes: From Asheville to the S. C. State Line over N. C. 191 from Asheville via 
Avery, Mills River to Hendersonville; thence over U. S. 176 via East Flat Rock, 
Saluda and Tryon to the S. C. State Line. From Marion over U. S. 221 to Ruther- 
fordton thence over U. S. 221-A via Spindale, Forest City and Cliffside to the S. C. 
State Line; from Rutherfordton to Tryon over N. C. 108; from Shelby over N. C. 
18 to the S. C. State Line; from junction of N. C. 18 and N. C. 150 at a point three 
miles south of Shelby over said N. C. 150 via Boiling Springs to the S. C. State 
Line and return over the same routes. 

Lease agreement authorizing Rutherford County Transit Company to operate 
over route of Carolina Scenic Coach Lines between Rutherfordton and Cliffside. 
Docket No. 2558. 

Carolina Stages, Hamish Turner d/b/a P. O. Box 767, Spartanburg, S. C. Fran- 
chise Certificate No. 490. 



Routes: Transportation of passengers, mail and light express over the following 
routes: 

From Charlotte over the Wilmont road, designated on the Mecklenburg County 
Highway Map as Highway 196, to the intersection of said highway with Highway 
198; thence over Highway 198 via Charlotte Municipal Airport to Dixie; thence 
over County Highways 18 and 25 via Steel Creek Church and Shopton to the South 
CaroUna State Line; from the intersection of County Highways 196, 198 and 200, 
over Highway 200 via Brow Hill to the intersection of said highway with County 
Highway 18 near Steel Creek Church; from Brow Hill over an unnumbered county 
highway to the gate of the Charlotte Municipal Airport. 

Central Bus Company, Lincolnton, N. C. Franchise Certificate No. 592. 



Routes: For the transportation of passengers over the following routes: From 
Lincolnton over N. C. Highway 27 to the junction of said highway with N. C. 
Highway 18; from junction of N. C. Highway 27 with N. C. Highway 274 over 
said N. C. Highway 274 via Cherryville to junction of unnumbered highway 2 
miles southeast of Cherryville; thence over unnumbered highway to Kings Moun- 
tain and return over same routes. 
Reference: Order dated March 27, 1946, in Docket No. 3467. 

Central Motor Freight Line, Incorporated, Asheboro, N. C. Franchise Cer- 
tificate No. 495. 

Freight. 

Routes: From Raleigh to Charlotte over Highways Nos. 64, 62, 62 A, 52 andT27 
via Asheboro, New London and Albemarle, subject to conditions set forth in the 
order of the Commission dated December 4, 1939. 

(Leased to Piedmont Trucking Company.) 



Decisions and Adjustments of Complaints 109 

City Bus Company, John L. Ley d/b/a, Hendersonville, N. C. Franchise Cer- 
tificate No. 551. 

Passenger. 

Routes: From Hendersonville over U. S. Highway No. 64 to the intersection of 
an unnumbered county road known as the Dana Road; thence east over said Dana 
Road to Dana Church; thence over another unnumbered county road south and 
then west to a point on U. S. Highway No. 176 between East Flat Rock and Hend- 
ersonville; thence over said U. S. Highway No. 176 to Hendersonville and return 
over the same route. Reference: Nunc pro tunc order issued May 24, 1945, in 
Docket No. 2590. 

Amended to include from Hendersonville to Fletcher via Mountain Sanatorium 
over an unnumbered county road known as the old Hendersonville-Asheville 
Road; thence over another unnumbered county road known as the Airport Road 
to the Asheville-Hendersonville Airport, and return over the same route. The 
rights herein do not include the right to pick up passengers in Hendersonville for 
Fletcher or in Fletcher for Hendersonville. Reference: Order issued June 4, 1943, 
in Docket No. 2812. 

Operations authorized over U. S. Highway No. 25 between Hendersonville and 
Tuxedo until December 15, 1946, under extension of agreement with Atlantic 
Greyhound Corporation. Reference: Order issued December 15, 1942, in Docket 
No. 2810. 

City Bus Lines, Inc., Hickory, N. C. Franchise Certificate No. 562. 
Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle 
with passengers. 

Route 1. From Hickory, N. C, down Highway No. 70 to the Corporate Hmits 
of the City of Hickory; thence on the Springs Road, an unnumbered highway by 
Deal's Store and Catawba County Home over an improved road, an unnumbered 
highway to Conover, N. C, thence from Conover, N. C. on Highway No. 16 
through the town of Millersville; thence to Taylorsville and return the same route, 
a distance of approximately 34 miles each way. 

Route 2. From the City of Hickory, N. C, west on Highway No. 70 to Hilde- 
bran, N. C, thence on an unnumbered highway to Henry River, N. C, and return, 
a distance of approximately 7 miles each way. 

Route 3. From Hickory to Marlowe's Mill on the old Shelby-Hickory Highway. 

Route 4. From Hickory, N. C, on Route 127 through the Town of Brookford 
to Ban Oak School in Catawba County. 

Route 5. From Startown over Highway No. 10 by Blackburn School to the in- 
tersection of Highways 10 and 127 at the Propst Crossroads; thence from Propst 
Crossroads on Highway 127 through the Town of Brookford, N. C, to the City of 
Hickory. 

Route 6. From Hickory N. C, down Highway 70 to the Springs Road; thence 
down the Springs Road to the intersection of the Springs Road to the Sandy Ridge 
Road; thence left on the Sandy Ridge Road, which is an unimproved road to Ec- 
kard's Store; thence right at Eckard's Store on the Sandy Ridge Road back to the 
Springs Road at Propst Store; thence from Propst Store down the Springs Road 
to the intersection of Springs Road and Highway No. 16. and return, a distance of 
approximately 17 miles each way. 



110 N. C. Utilities Commission 

(By Order of the Commission dated March 11, 1944, in Docket No. 2942) 
Note: Certificate to be amended to include other routes included in the above 
order upon service approved by the O. D, T, Amended to include from Ban-Oak 
School over N. C. Highway No. 10 to its intersection with N. C. Highway No. 18, 
thence over said Highway No. 18 via Fallston to Shelby and return. Reference: 
Order dated August 27, 1945, in Docket No. 2942. 

(1) To transport passengers, their baggage, mail and light express over the fol- 
lowing routes: 

From the intersection of an unnumbered county road with U. S, Highway No. 70 
at a point two miles west of the corporate limits of the City of Hickory; thence over 
the unnumbered county road to Rhodhiss and return over the same route to the 
beginning point. 
Reference: Order dated July 8, 1946, in Docket No. 3476. 

(2) To transport passengers, baggage, newspapers, mail and express over the 
following routes: 

1. Beginning at a point at Wray's Service Station on Highway No. 10 approxi- 
mately 16 miles from Hickory on which the applicant now holds a franchise, and 
turning left and running over an unimproved highway a distance of 1,8 miles to 
Henry; thence over said unimproved road a distance of 1.6 miles to Cat Square; 
thence left at a cross roads over said unimproved highway by Vale Post Office to 
Union School in Lincoln County, a distance of approximately 3 miles; thence over 
an unnumbered improved highway from Union School by Reepsville, N. C, to 
Lincolnton, N. C, a distance of 7.4 miles and return over same route. 

2. Beginning at a point in the Town of Hildebran, N. C, where the Henry 
River Highway intersects with old No. 10, an unimproved road and up said old 
Highway No. 10 from Hildebran to Icard, N. C, and return, a distance of ap- 
proximately 33^ miles. 

3. From the Bethlehem School in Alexander County, N. C, on Highway No. 
127 to which point applicant now holds a franchise and from that point to the in- 
tersection of Highway No. 127 and Highway No. 90, a distance of approximately 
5 miles; thence over No. 90, a distance of approximately 5 miles to the Town of 
Taylorsville, N. C, and return over same route. 

4. Beginning at the intersection of Highway No. 16 and the Lookout Dam Road, 
an unimproved, unnumbered highway and running on said Lookout Dam Road 
by the Oxford School in Catawba County to the intersection of Lookout Dam 
Road and a dirt road leading to Catawba, N. C, and return, a distance of approxi- 
mately 3K miles. 

Reference: Order dated July 9, 1946, in Docket No. 3621. 

City Coach Company, Gastonia, N. C. Franchise Certificate No. 426. 

Passenger. 

Routes: From Cramerton north across Route 20 to McAdenville and Lowell, in- 
cluding Spencer and Mountain Highway to Priscilla Mills and back to Gastonia 
over Highway No. 7. 

From McAdenville to Mount Holly via the McAdenville-Mount Holly hard 
surfaced road to Smith's Cross Roads; thence via an unnumbered hard surfaced 
road by Acme, Stowe and North Belmont Mills to Highway No. 273, and thence 
via Highway No. 273 to Mount Holly. 

(1) From the intersection of the North Belmont Road with State Highway 
No. 273 near Belmont Abbey College, over said Highway No. 273 to Belmont, and 



Decisions and Adjustments of Complaints 111 

thence over an unnumbered county road to Cramerton, and return; (2) from North 
Belmont to Mt. Holly over old county road, and return. 

Reference Order dated January 3, 1944, Dockets Nos. 2950 and 3004, schedules 
and fares to be in keeping with Order in said Dockets. 

City Transit Company, John S. Mayberry and George A. Hart t/a Elkin, N. C. 
Franchise Certificate No. 476. 

Passenger. 

Routes: From Elkin to State Road via Highway No. 21; thence through Jones- 
ville and Arlington to Rena also via Highway No, 21; thence Elkin over Highway 
No. 268 to intersection of County Road; thence to Austin and return via Pleasant 
Hill on County Road; thence Elkin to Cycle through Jonesville. 

Operation under this certificate shall be in accordance with agreement at the 
hearing between applicant and the attorney for the Atlantic Greyhound Corpora- 
tion as follows: 

Applicant to render hourly service in the towns of Elkin, Jonesville and Arling- 
ton, but service outside of these towns to be limited to one schedule coming 
in and one going out on each shift of the mills served by the applicant. 

(1) As lessee over routes of Atlantic Greyhound Corporation between Doughton, 
State Road, Elkin, Brooks Cross Roads, and Hamptonville on U. S. Highway No. 
21 and between Brooks Cross Roads and Yadkinville on U. S. Highway No. 421 as 
provided in lease agreement with the Atlantic Greyhound Corporation dated June 
15, 1942, extended to expire June 15, 1947, as appears in Docket No. 2661. 

(2) As lessee over routes of the Atlantic Greyhound Corporation (a) over N. C. 
Highway No. 67 from Elkin by way of Jonesville, Boonville, East Bend, and into 
the National Carbon Company plant near Winston-Salem and (b) from Yadkin- 
ville over U. S. Highway No. 421 and Northwest Boulevard to National Carbon 
Company plant as provided in lease agreement with the Atlantic Greyhound 
Corporation dated May 1, 1944, extended to expire April 30, 1946, as appears in 
Docket No. 3123. 

City Transit Company, K. Herman Fulk d/b/a, High Point, N. C. Franchise 
Certificate No. 483. 

Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle 
with passengers, over the following routes: 

Operations within the City of High Point. 

From the corner of West Washington and Main Streets over Main Street to 
East Green Street, thence over East Green Street to South Hamilton Street, thence 
over South Hamilton Street to Davis Street, thence over Davis Street to South 
Main Street, thence over South Main Street to the city Umits. 

Operations outside the City of High Point. 

1. North from the city limits over U. S. 311 to Oak View Road, thence over 
Oak View Road to a point one-half mile west of Oak View School. 

2. From the city hmits over U. S. 29 to Jamestown, thence over an unnumbered 
road to Oak Dale Mills. 

3. From the city hmits over Green Street and Green Street Extension via Tri- 
angle Lake to Kivette Drive. 



112 N. C. Utilities Commission 

4. South from the city limits over U. S. 311 via Mosers Store and Cobles Store 
to Fairview Service Station. 

5. From the intersection of U. S. 311 and N. C. 610 south of High Point over 
N. C. 610 to the junction of N. C. 62 at the Sinclair Service Station, and from Shep- 
pards Garage on U. S. 311 south of High Point over Springfield Avenue to its in- 
tersection with N. C. 610. 

6. From Suits Store over N. C. 62 via Sinclair Station at the intersection of N. C. 
610 and N. C. 62, thence continuing over N. C. 62 via Mosers Store, Elwood 
Grocery, Trinity High School to Farlows Service Station; from Elwood Grocery 
on N. C. 62 over unnumbered road to Burchfield Grocery on U. S. 311. 

City Rapids Transit Company, A. T. Watson d/b/a, Fayetteville, N. C. Franchise 
Certificate No. 599. 

Passenger. 

Routes: Transportation of passengers over the following routes: 
Between City line, North Fayetteville, North Carolina and Country Club as 
follows: (a) from city line via U. S. Highway 15A to Veteran's Hospital via U. S. 
Highway 15A to the junction of U. S. Highway 15A and Country Club Drive, via 
Country Club Drive to Country Club; from city line. East Fayetteville, North 
Carolina, via old CUnton Road to the junction of N. C. Highway 53, via N. C. 
Highway 53, 2 miles southeast, retrace to old Clinton Road, via Old Clinton Road, 
east, and Gully Mill Road, north to the junction of Gully Mill Road and N. C. 
Highway No. 24, via N, C. Highway No. 24, west to city line; from city line. South 
Fayetteville, North Carolina, via old Lumberton Road, Southern Avenue to Lake- 
dale, North Carolina, and Faytex Mills; from city line southwest Fayetteville, 
North CaroHna, via U. S. Highway 15A, 2 miles to Williams Drive; between Fa- 
yetteville, North Carolina and Hope Mills, North Carolina, as follows: From Fa- 
yetteville, North Carolina, to the junction of U. S. Highway 301, N. C. Highway 
87 and the old Lumberton Road, via old Lumberton Road, Southern Avenue, 
Cumberland Road to Cumberland, North Carolina, via County Highway to No. 
2 Mill Store, Hope Mills, North Carolina, without any restrictions. 
Reference: Order dated May 11, 1946, in Docket No. 3488. 

Colonial Bus Lines, Rocky Mount, N. C. Franchise Certificate No. 519. 

Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle 
with passengers over the following routes: 

From Rocky Mount over N. C. 43 to Red Oak, thence over an unnumbered 
road to Nashville, thence over N. C. 58 via Castalia to its intersection with N. C. 
56, thence over N. C. 56 via Louisburg, Franklin and Wilton to Creedmoor, and 
from Wilton over N. C. 96 via Oxford and Oak Hill to VirgiUna, and return over 
same routes serving all intermediate points. 

Colonial Motor Freight Line, High Point, N. C. Franchise Certificate No. 463. 

Freight. 
Routes: 

1. From High Point to New Bern over U. S. Highway No. 70. 

2. From High Point to Raleigh over U. S. Highway No. 70; thence to Zebulon 
over U. S. Highway No. 64; thence to Washington over U. S. Highway No. 264; 



Decisions and Adjustments of Complaints 113 

thence to Williamston over U. S. Highway No. 17 and return to Raleigh over U. S. 
Highway No. 64; thence to High Point over U. S. Highway No. 70. 

3. From High Point over U. S. Highway No. 311 via Archdale to junction of 
U. S. Highway No. 220; thence over U. S. Highway No. 220 to Rockingham; thence 
over U. S. Highway No. 74 to Wilmington and return over U. S. Highway No. 421 
to Julian; thence to High Point over N. C. Highway No. 62 and U. S. Highway No. 
311. 

Service over routes described in 1, 2 and 3 above, including the right to deliver 
to consignee at points within 25 miles of said routes and to pick up shipments on 
call at points within 25 miles of said routes, is restricted to the transportation 
of furniture, including unassembled furniture, finished or unfinished, crated or un- 
crated, and plate glass. (By order dated February 28, 1938 in Docket No. 1036. 
Rights purchased by Colonial Motor Freight Lines January 5, 1939, Docket No. 
1504.) 

Amended authorizing transportation of general commodities over U. S. High- 
ways Nos. 29, 29-A and 70 from Charlotte to New Bern and return, service over 
said route being divided into three zones, to wit: western, between Charlotte and 
Greensboro; central between Greensboro and Raleigh; eastern, between Raleigh 
and New Bern; service over said route being hmited to shipments moving from one 
zone to another. (By order dated November 1, 1941, in Docket No. 1316.) 

Amended authorizing temporary rights to transport general commodities be- 
tween Winston-Salem and Fayetteville via High Point, Archdale, Liberty and San- 
ford over U. S. Highway No. 311, U. S. Highway No. 421 and N. C. Highway No. 
87, said rights to cease and determine upon hearing and decision in Docket No. 
2994. (By order dated April 8, 1944, in Docket No. 2994.) 

CuMMUNiTY Transit Lines, Limited Partnership, Daisy V. Gilmer, General Partner, 
and Wachovia Bank & Trust Company, Administrator of the estate of Powell 
Gilmer, as Limited Partner. Winston Salem, N. C. Franchise Certificate 
No. 510. 

Passenger. 

Routes: Guilford Station to Guilford College then Friendly Road to City Limits 
of Greensboro. Then Terrace Drive to West Market Street to Forbis Street, re- 
turning same route with stops on Market Street to pick up passengers. 

Docket No. 2593: Greensboro to Groomtown via West Market Street, Aycock 
Street, Lovitt Street to the Freeman Mill Road; thence the Freeman Mill Road 
to the Groomtown Road; thence over Groomtown Road to destination. 

Docket No. 2594 : From High Point to Kirkman's Cross Roads via Washington 
Avenue and Kivette Drive Road. (Temporary authority pending order in Docket 
No. 2594.) 

Docket No. 2595: From Kernersville to High Point over city streets to Bunker 
Hill Road; thence Bunker Hill Road to Highway No. 311; thence over 311 to 
City Limits of High Point. 

Docket No. 2596: From Guilford Station to Kernersville over Highway 421, 
Highways 68 and 150. 

Docket No. 2597: From Winston-Salem to Lawsonville and Virginia State 
Line via Cherry Street to Cherry Extension to Highway No. 8; thence to Highway 
65 to Highway 311 to Highway 89 to the town of Danbury; thence from Danbury 
to destination. 



114 N. C. Utilities Commission 

Docket No. 2598: From Walkertown to Kernersville via Highways Nos. 66 and 
421. 

Beginning at Mount Airy and running thence over Federal Highway 52 to 
Bannertown, from Bannertown to Westfield, Danbury and Walnut Cove over 
State Highway 89; through Walnut Cove over Federal Highway 311 to State High- 
way 65; thence over State Highway 65 to Belew's Creek and Stokesdale; from 
Stokesdale over 158 to junction of Highway 68; thence over 68 to Oak Ridge and 
Friendship; thence over Federal Highway 421 to Guilford College Station; thence 
over State Highway to Guilford College; thence over Friendly Road from Guilford 
College to Greensboro and returning to Mount Airy over the same route. 

(In accordance with Commission's order dated February 9, 1944, in Docket No. 
2928) : From Kivett Drive to High Point through Oakdale Mill Village and James- 
town to Guilford College Station and return. 

(See order dated June 16, 1944, in Docket No. 2876.) 

Conover-Newton Bus Line, Newton, N. C. Franchise Certificate No. 473. 

Passenger. 

Routes: Between Conover and Newton over U. S. Highway 321. (Reference: 
Order dated August 30, 1939, in Docket 1634.) 

As lessee under agreement with Queen City Coach Company over the following 
routes: 

(1) Between junction of U. S. 70 and N. C. 10 and Conover, N. C. over U. S. 
Highway 70 via Claremont. 

(2) Between the junction of U. S. 70 and N. C. 10 and Newton, N. C, over N. C. 
10 via Catawba. 

(3) Between Newton, N. C, and Maiden, N. C. over U. S. Highway 321. 

The operations under (1), (2) and (3) above are subject to the terms and con- 
ditions set out in said lease agreement. (Reference: Order dated October 19, 1942, 
in Docket 2666). 

This certificate cancels certificate of the same number dated November 5, 1942. 

Danville and Durham Motor Freight Line, J. A. Mannooch, Owner, 726 Temple 
Avenue, Danville, Va. Franchise Certificate No. 312. 

Freight. 

Routes : 

From Durham to Roxboro over U. S. Highway No. 501, thence from Roxboro 
to North Carolina- Virginia State Line via Milton over N. C. Highway No. 57; 
from Roxboro to Yanceyville via Leesburg over U. S. Highway No. 158, thence 
from Yanceyville via Purley to the North CaroUna- Virginia State Line over N. C. 
Highway No. 86; from the North Carolina- Virginia State Line to Reidsville over 
U. S, Highway No. 87, thence from Spray to Draper via Leaksville over N. C. 
Highway No. 770, thence from Draper over N. C. Highway No. 700 to its inter- 
section with U. S. Highway No. 29 about one mile south of the North CaroUna- 
Virginia State Line, and return over same routes. The rights herein granted do 
not include the right to pick up freight in Spray for Reidsville or in Reidsville for 
Spray. 
Reference: Order issued May 23, 1945, in Docket No. 3178. 

This Franchise is being operated by Philip B. Cunneff and John Cephus Finch, 
d/b/a Danville and Durham Motor Freight Lines, under a lease agreement with an 
option to purchase. 



Decisions and Adjustments of Complaints 115 

Dillingham Brothers, Y. L. and 0. M. Dillingham t/a, Barnardsville, N. C. Fran- 
chise Certificate No. 563. 

Passenger. 

Routes: From Dillingham and Democrat, N. C, and any point between said 
towns when destined to Asheville or when destined to any point intermediate to 
Asheville, and return from Asheville and points between Asheville and Stocksville 
including Stocksville when such passengers are destined to Democrat or to Dilling- 
ham or points between Democrat and Dillingham. Termination of the authority 
governed herein will be dependent upon the extent to which abatement of emer- 
gency transportation conditions may be affected by the progress of the war and by 
the manner in which the applicant responds to the conditions hereof and our rules 
and regulations governing the transportation of passengers by motor vehicle. 

Amended to include from Rockview, N. C, west on North Fork Road four miles 
then four miles east up Dillingham Road and back four miles over same road to 
Barnardsville, over State Highway No. 695 from Barnardsville west two miles on 
same highway, southwest to Hughey's Store to intersection State Highways 19 
and 23 to Stockville, joins highway into Asheville. 

Durham-Dunn Bus Company, Stacey W. Wade and Lewis M. Wade, d/b/a Fu- 
quay Springs, N. C. Franchise Certificate No. 533. 

Passenger. 

Routes: From Dunn over N. C. Highway 55, via Erwin, Coats, Angier, Fuquay 
Springs, Varina, and Apex, to the intersection of said Highway 55 with U. S. High- 
way 64; thence over an unnumbered county road, via Carpenter and Lowes Grove 
to Durham and return. 

East Carolina Freight Lines, Elmer L. Garris, d/b/a, 409 Metcalf Street, New 
Bern, N. C. Franchise Certificate No. 602. 

Freight. 

Routes: Transportation of general commodities over the following routes: 

(1) From New Bern to Atlantic via Havelock, Morehead City, Beaufort and 
Smyrna over U. S. 70. 

(2) From Havelock to Beaufort via Harlowe over N. C. 101 and return serving 
all intermediate points on both routes. 

Reference: Order dated July 16, 1946, in Docket No. 3533. 

• 
Mrs. S. M, Gibbs d/b/a, Engelhard- Washington Bus Company, Engelhard, North 
Carolina. Franchise Certificate No. 401. 

Passenger. 

Routes: Transportation of passengers over the following routes: 

Over U. S. 264 from Washington to Engelhard, via Yeatsville, Pantego, Bel- 
haven, Scranton, Swan Quarter to Engelhard. 

Washington over U. S. 264 to intersection of N. C. 92 to Bath, Bayview to Bel- 
haven over unnumbered highway. 

Engelhard to Columbia, from Engelhard over unnumbered highway to Fairfield 
thence over N. C. 94 to Kilkenny, Gum Neck to Columbia, N. C. 

Over N. C. 94 from intersection of said highway with U. S. 264 across Lake Mat- 
tamuskeet to Fairfield, pending decision in Docket No. 3256. 



116 N. C, Utilities Commission 

Federal Motor Express, Joe P. Johnson, Albert Johnson and Paul C. Webb d/b/a 
P. O. Box 111, Mount Airy, N. C. Franchise Certificate No. 596. 

Freight. 

Routes: Transportation of general commodities over following routes. 
From Mount Airy over U. S. Highway No. 52 to Winston-Salem and return. 
Reference: Docket No. 3533. 
Coy Flippin, Pilot Mountain, N. C. Franchise Certificate No. 573. 

Freight. 

Routes: Between Winston-Salem and Burlington, Mebane and Durham, U. S. 
Routes 421 and 70. Between Winston-Salem and Reidsville, U. S. Routes 158 
and N. C. 65. Between Winston-Salem and Madison, U. S. Route 311. Between 
Winston-Salem and Mount Airy, U. S. Route 52. Between Winston-Salem and 
Boone, U. S. Route 421. 
Limitations: 

Restricted to leaf tobacco packed in hogsheads, baskets or sheets; empty hogs- 
heads, hogshead material and equipment and supplies used in the handling and 
packing of leaf tobacco; the right to transport leaf tobacco, or supplies caused by 
the war emergency, to and from any and all shipping points named in the tariff pub- 
hshed by the Commission. (This will include irregular routes between all points 
and places within the State of North Carolina to transport commodities named 
in each application as amended and as set out in the caption appearing in Order 
dated July 17, 1943, in Docket No. 2819.) 

(By sale and transfer from S. A. & H, L. Hennis Freight Lines, of Franchise Cer- 
tificate No. 487 by Order issued January 26, 1945, in Docket No. 3245.) 

Fort Bragg Coach Company, Fayetteville, N. C. Franchise Certificate No. 166. 

Passenger. 

Routes: Between Fayetteville and Fort Bragg, Highway No. 53. Permission 
is hereby granted to Fort Bragg Coach Company to lease to Greensboro-Fayette- 
ville Bus Line the operation called for in the foregoing Franchise Certificate No. 
166, in accordance with lease agreement entered into August 21, 1931, on file with 
the Commission, which became effective September 1, 1931. 

Frederickson Motor Express Corporation, P. O. Box 1146, Charlotte, N. C. 
Franchise Certificate No. 70. 

Freight. 

Routes: Transportation of general commodities over the following routes and 
return, serving all intermediate points: 

Charlotte to Greensboro over U. S. 29 and 29-A via Concord, SaUsbury, Lex- 
ington, Thomasville and High Point. 

Charlotte to Asheville over U. S. 74 via Belmont, Gastonia, Kings Mountain, 
Shelby, Spindale, Rutherfordton and Bat Cave; from Bat Cave to Henderson- 
ville over U. S. 64, thence to Asheville over U. S. 25 and from Arden to Asheville 
over N. C. 280. 

Winston-Salem to Lexington over U. S. 52 via Welcome. 

Winston-Salem to Statesville over U. S. 158 from Winston-Salem to Mocks- 
ville, thence over U. S. 64 to Statesville. 

Statesville to Salisbury over U. S. 70 via Barber. 

Statesville to Charlotte over U. S. 21 via Mooresville and Davidson. 



Decisions and Adjustments of Complaints 117 

Statesville to Asheville over U. S. 70 via Conover, Hickory, Morganton, Marion, 
Old Fort and Black Mountain. 

Conover to Charlotte over U. S. 321 from Conover to Lincolnton, thence over 
N. C. 27 via Stanley and Mt. Holly to Charlotte. 

Shelby to Lincolnton over N, C. 150 via Cherr5rville. 

Cherryville to Gastonia over N. C. 274 via Bessemer City. 

Kings Mountain to Bessemer City over N. C. 161. 

Shelby to Fallston and Polkville over N. C. 18 from Shelby to Fallston, thence 
over N. C. 180 via Lawndale to Polkville, thence over N. C. 26 to Shelby. 

Forest City to CUffside over U. S. 221-A via Caroleen and Henrietta, and from 
CUffside over N. C. 120 to its junction with U. S. 74. 

Newton to Catawba over N. C. 10, thence to junction of U. S. 70. 

Gastonia to Belmont over N. C. 7 via Lowell and McAdenville. 

Newton to Charlotte over N. C. 16 with closed doors. 

Off Route Points: Cramerton, Drexel, Derita, Lattimore, Boiling Springs, 
Flat Rock, East Flat Rock, Ruth, Nebo, Enka, Guilford College and Mt. Pleasant 
and Bryce. 

Greensboro to Burlington over U. S. 70 Umited to the transportation of rayon 
pursuant to agreement with Thurston Motor Lines, Inc., dated October 24, 1934, 
as appears in Docket No. 3194. 

Gastonia Teansit Company, Inc., Gastonia, N. C. Franchise Certificate No. 526. 

Passenger. 

Routes: (1) Gastonia to Myrtle Hill via Franklin Ave. to Grayson's Curve* 
thence along N. C. No. 7 to Myrtle Hill, and return along same route. 

(2) Gastonia to Victory Mill via Broad St. to Gastonia Combed Yarn Corpora- 
tion; thence via Fifth Ave. for one block to Marietta St.; thence via Marietta St. 
to Marietta St. Extension via Seminole Mill and Osceola Mill; thence via an un- 
named hard-surfaced highway to Victory Mill, and return same route. 

(3) Gastonia to Orthopaedic Hospital via East Franklin Ave. to Belvidere Ave.* 
thence along Belvidere Ave. to Wilkinson Boulevard to New Hope Road; thence 
along New Hope Road to Orthopaedic Hospital, and return by same route. 

(4) Gastonia to Ridge Hill via York St. to Third Ave.; thence along Third Ave. 
to Chester St. (U. S. No. 321); thence along Chester St. to Seventh Ave.; thence 
along Seventh Ave. to York St.; thence along York St. and U. S, 321 to Ridge 
Hill, and return along same route. 

(5) Gastonia to Davidson Ave. via Dallas St. to Page Ave.; thence along Page 
Ave. to North York St.; thence along North York St. to Davidson Ave.; thence 
along Davidson Ave. to Marietta, and return along same route. 

(6) Over AirUne Ave. via Gaston Ave., Linwood St., Carolina Ave., Jackson 
Road to York Road, and return along same route. 

Gate City Transit Lines, T. A. Clarke and L. F. Barnard t/a, 108 N. Davie Street, 
Greensboro, N. C. Franchise Certificate No. 538. 

Passenger. 

Routes: To transport passengers over the following routes: 
1. Begin in Pleasant Gardon, N. C. (unincorporated) at the corner where N. C. 
Route No. 22 turns east to Climax, and from said beginning point run north (pass- 
ing through Pleasant Garden Community) on N. C. Route No. 22 (also known 
as the Greensboro-Pleasant Garden Road) 5.3 miles to the intersection of said 



118 N. C. Utilities Commission 

N. C. Route No. 22 with U. S. Highway No. 421 (Greensboro-Liberty Highway); 
turn left on said U. S. Highway No. 421 and run in a northwesterly direction along 
said U. S. Highway No. 421 a distance of one mile to the southern city Umits of 
Greensboro, N. C., thence run in a northwesterly and northerly direction along 
Asheboro Street (still U. S. Highway No. 421) in said City of Greensboro to the 
southeastern approach to the main downtown underpass beneath the main line 
tracks of the Southern Railway, proceed through said underpass and turn right 
into South Davie Street and run north on South Davie and North Davie Street to 
the Gate City Transit Lines passenger bus depot at 108 North Davie Street in 
said City of Greensboro, travehng 2.3 miles from said southern city limits (corpora- 
tion line) of Greensboro to said bus depot; thence from said bus depot run north 
one and a half city blocks on North Davie Street to Church Street and run thence 
northeasterly and northerly along Church Street to East Bessemer Avenue, turn 
left and run west three blocks on East Bessemer Avenue to North Elm Street, turn 
right and run north one block on North Elm Street to Wendover Avenue, turn left 
on West Wendover Avenue and run westerly along said avenue to Battleground 
Avenue, turn right on said Battleground Avenue and run north on said Battle- 
ground Avenue to the beginning of Lawndale Drive (at a junction of said Avenue 
and Drive) and run thence northerly along said Lawndale Drive to the northern 
city limits (corporation line) of the City of Greensboro, a distance of 3.7 miles along 
said city streets from said bus depot to the city limits; thence continue in a north- 
erly and northwesterly direction along Lawndale Drive Extension (also sometimes 
known as the Hillsdale Road) 2.3 miles to the intersection of said road and the 
easterly extension of the Guilford College-Guilford Battleground Road and turn left 
into said Guilford College-Guilford Battleground Road and run in a Westerly di- 
rection along said road through the Guilford Battleground Park (Greensboro 
Country Park) a distance of .8 of a mile to the intersection of said Road and the 
Guilford Battleground Road (formerly U. S. Highway No. 220); turn right on 
said Guilford Battleground Road and run north thereon for a distance of .5 of a 
mile to the intersection of said Road and the Hillsdale Road; turn right on said 
Hillsdale Road (crossing the overhead bridge over the A. & Y. Railroad tracks) and 
run thence in a northerly direction along said Hillsdale Road a distance of 2.6 miles 
to Lake Brandt; thence continuing in a northerly direction along said Hillsdale 
Road 2.1 miles to Hillsdale at the intersection of said Hillsdale Road and N. C. 
Temporary Route No. 150 (also known as the Summerfield-Brown Summit Road); 
turn left on said N. C. Temporary Route No. 150 and run west thereon a distance of 
2.9 miles to the intersection of said N. C. Temporary Route 150 with U. S. High- 
way No. 220 at the southeastern edge of Summerfield (unincorporated) turn right 
on U. S. Highway No. 220 (also in this sector a portion of N. C. Temporary Route 
No, 150) and run thence in a northerly direction along said highway and through 
the Summerfield community, a distance of 1.3 miles to the intersection in the north- 
ern part of the Summerfield Community where N. C. Temporary Route No. 
150 turns west off U. S. Highway No. 220; the Summerfield terminus, from Sum- 
merfield at the intersection of N. C. Temporary Route No. 150 and U. S. High- 
way No. 220 and run thence west along N. C. Temporary Route No. 150 5.6 miles 
to Oak Ridge, N. C, at the intersection of said N. C. Temporary Route No. 150 
and N. C. Highway No. 68; turn right on said N. C. Highway No. 68 and run 
north thereon 4.7 miles to the intersection of said highway with U. S. Highway 
No. 158 at Stokesdale; then turn left on U. S. Highway No. 158 and run thence 
northwestwardly along said Highway No. 158 four tenths (.4) of a mile through 
the Stokesdale community to the Stokesdale terminus at Stokesdale Post Office 
and return by the same route to Summerfield. 



Decisions and Adjustments of Complaints 119 

2. Begin at a point on the Sumner School Road (formerly known as the old 
Greensboro-Asheboro Highway) about 500 yards south of Sumner School Build- 
ing, at a road fork and the beginning of the hard surface pavement of said road, 
and run thence in a northeasterly direction along said Sumner School Road 2.2 
miles to the intersection of said road with U. S. Highway No. 220 (Greensboro- 
Asheboro Highway); turn left on said U. S. Highway No. 220 and run north along 
said Highway 2.5 miles to the point where FertiUzer Road (also known as the A. 
A.C. Road) intersects said Highway; turn right on said Fertihzer Road and run 
thence east thereon five tenths (.5) of a mile to South Elm Street Extension; turn 
left on South Elm Street Extension and run thence north thereon .6 of a mile, pass- 
ing Carter Fabrics mill, to the Southern City limits (corporation Une) of the City of 
Greensboro; thence continue north on South Elm Street in said City of Greens- 
boro to the southwestern approach to the main downtown underpass beneath 
the main Hne tracks of the Southern Railway, proceed through said underpass 
and turn into South Davie Street and run north on South Davie and North Davie 
Street to the Gate City Transit Lines passenger depot at 108 North Davie Street 
in said City of Greensboro, traveling 1.8 miles from said southern city Hmits of 
Greensboro to said bus depot; thence from said bus depot run north one and a 
half city blocks on North Davie Street to Church Street, thence northerly one 
block on Church Street to the beginning of Summit Avenue, thence northeast 
and northerly on Summit Avenue and Summit Avenue Extension (U. S. Highway 
29) to the northernmost city limits (corporation line) of the City of Greensboro 
a distance of 3.4 miles along said city streets from said bus depot to the city limits; 
thence continuing north on U. S. Highway No. 29, 2.5 miles to the intersection 
of said Highway and a sand-clay road known as the Brightwood School Road 
turn left on said Brightwood School Road and run thence westwardly thereon 
.6 of a mile to Brightwood School, the intersection of said Road with Lee's Chapel 
Road, a hard surface road; turn left on said Lee's Chapel Road (also sometimes 
known as the Wallington Road west of its intersection with the old Yanceyville 
Road), and run thence thereon in a southwestern direction, crossing the main 
Une of the Southern Railway upon an overhead bridge, a distance of 2.3 miles to 
the intersection of said road with Church Street Extension (also known locally 
as the Ham Town Road), near the Jesse Wharton School; turn left on said Church 
Street Extension and run thereon in a southerly direction 1.2 miles into Ham 
Town at the intersection of said Church Street Extenstion with Field Street at 
Thompson Grocery, the Ham Town Terminus of said route; and return by the 
same route from Ham Town to the depot at 108 North Davie Street in Greens- 
boro; and thence from said depot along the aforesaid route to the Sumner School 
terminus. 

3. Begin at the Gate City Transit Lines bus depot at 108 North Davie Street 
in Greensboro and run thence south on North Davie and South Davie Street to 
East Washington Street, turn left on East Washington and run thence thereon 
east to McConnell Street, thence southeast on McConnell Street to McConnell 
Road, thence east on McConnell Road to the eastern city limits (corporation hne) 
of the City of Greensboro, a distance of 1.9 miles along said city streets from said 
bus depot to the city hmits; thence continue east on said McConnell Road 1.1 
miles to the intersection of said McConnell Road and Frankhn Boulevard; turn 
left on Franklin Boulevard and run thence thereon north 1.4 miles to the intersec- 
tion of said Franklin Boulevard and U. S. Highway No. 70, in front of the Guil- 
ford County Home; turn right on U. S. Highway No. 70 (Greensboro-BurUngton 
Highway) and run thence thereon east 3.2 miles to the intersection of said high- 



120 N. C. Utilities Commission 

way and the McLeans ville Road; bear left on said McLeansville Road and run 
thence thereon in a northeasterly direction 2.2 miles to McLeansville at the in- 
tersection where the Gibsonville Road turns east near the McLeansville Post 
Office, the McLeansville terminus of the route; and return by the same route to 
the depot at 108 North Davie Street. 

4. Begin at the Gate City Transit Lines bus depot at 108 North Davie Street 
in Greensboro and run thence north one and a half city blocks on North Davie 
Street to Church Street, thence northerly one block on Church Street to the be- 
ginning of Summit Avenue, thence northeast on Summit Avenue, passing the 
O.R.D. Army Camp, to the intersection of Summit Avenue and Textile Drive, 
turn right on Textile Drive and run easterly thereon to the eastern city limits 
(corporation line) of the City of Greensboro, a distance of 2.6 miles along said 
city streets from said bus depot to the city hmits; thence continuing east on Tex- 
tile Drive (now a dirt street) about .2 of a mile to Concord Avenue, also a dirt 
street; turn left on Concord Avenue and run north thereon about .3 of a mile to 
Phillips Avenue (paved); turn right on said Phillips Avenue and run in an east- 
erly direction thereon .6 of a mile to the intersection of said Phillips Avenue with 
Elwell Avenue (paved) in the Bessemer Community; turn right on Elwell Avenue 
and run south thereon .3 of a mile to its intersection with Peterson Avenue (a dirt 
street); turn left on Peterson Avenue and run east thereon .3 of a mile to Huffine 
Mill Road (paved); turn left on Huffine Mill Road and run thence northeasterly 
and easterly thereon 3.2 miles to the fork of said Huffine Mill Road and a sand- 
clay road which branches off to the right to McLeansville, the eastern terminus of 
this route being said road fork; and return by the same route to the depot at 108 
North Davie Street. 
Reference: Order dated July 8, 1946, in Docket No. 3494. 

Georgia-Carolina Freight Lines, C. C. Roberts and C. G. Rogers d/b/a P. 0. 
Box No. 293, Murphy, N. C. Franchise Certificate No. 603. 

Freight. 

Routes: Transportation of general commodities over the following routes: 
From the North Carolina-Georgia State Line over N. C. Highway No. 69 to 

Hayesville; thence over U. S. Highway No. 64 to Murphy and return over the 

same route. 

Reference: Order dated June 20, 1946, in Docket No. 3565. 

GoLDSBORO Transportation Company, Inc., Goldsboro, N. C. Franchise Cer- 
tificate No. 552. 

Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle 
with passengers over the following routes: 

(a) From Goldsboro to Army Airport Camp (Seymour Johnson Field) via N. C. 
Highway No. Ill, approximately 3.2 miles, of which 2.2 miles are outside the 
city limits of Goldsboro. 

(b) From Goldsboro to Army Airport Camp (Seymour Johnson Field) via U. S. 
Highway No. 70, approximately 2.6 miles, of which 1.6 miles are outside the city 
limits of Goldsboro. 

(c) From Smithfield to Selma over U. S. 301. 



I 



Decisions and Adjustments of Complaints 121 

GoLDSTON Motor Express, Inc., P. O. Box 455, Spray, N. C. Franchise Cer- 
tificate No. 605. 

Freight. 

Routes: Transportation of general commodities over the following routes: 

From Draper over N. C. 770 via Leaksville-Spray to Stoneville; thence over 
U. S. 220 via Mayodan to Madison; thence over U. S. 311 via Walnut Cove and 
Walkertown to Winston-Salem. 

From Leaksville-Spray over N. C. 87 via Reidsville and Altamahaw to Burling- 
ton. 

From Reidsville over U. S. 29 to Greensboro. 

Reference: Order dated May 8, 1946, Docket No. 3617. 

Great Southern Trucking Company, Charlotte, N. C. Franchise Certificate 
No. 462. 

Freight. 

Routes: 1. From Charlotte to High Point over N. C. Highway No. 27 from Char- 
lotte to Albemarle; thence over U. S. Highway No. 52 to New London; thence over 
N. C. Highway No. 49-A to the junction of said highway with N. C. Highway No. 
49; thence over N. C. Highway No. 49 to Asheboro; thence over U. S. Highway 
No. 220 to the junction of said highway with U. S. Highway No. 311 at a point 
about one mile south of Randleman, thence over said U. S. Highway No. 311 via 
Archdale to High Point. 

(Reference: The above routes include rights under Certificate No. 244, sold by 
H. & L. Motor express to National Convoy and Trucking Company on Novem- 
ber 7, 1934, and sold by National Convoy and Trucking Company under Certifi- 
cate No. 404 to Great Southern Trucking Company on December 1, 1938.) 

2. From Charlotte to Asheville via Gastonia, Kings Mountain, Shelby, Ruther- 
fordton and Chimney Rock over U. S. Highway No. 74, with off-route rights to 
Belmont and Bessemer City; from Asheville to Hendersonville via Sky land and 
Fletcher over U. S. Highway No. 25 and from Hendersonville to Bat Cave over 
U. S. Highway No. 64; from Charlotte to Greensboro via Concord, Salisbury, 
Lexington, Thomasville and High Point over U. S. Highway Nos. 29 and 29-A. 
(Reference: The above routes acquired by application in Docket No. 2193. Order 
issued December 12, 1941.) 

3. From Albemarle to Concord via Mount Pleasant over N. C. Highway No. 73. 
(Reference: Acquired by application in Docket No. 2974. Order issued Decem- 
ber 18, 1943.) 
The above routes are described according to the 1944 State Highway Map. 

Greensboro-Fayetteville Bus Line, Inc., Asheboro, N. C. Franchise Certificate 
No. 101. 

Passenger. 

Routes: Greensboro to Fayetteville via Asheboro, Pinehurst, Southern Pines, 
Aberdeen and Raeford, Highways Hos. 70, 75, 702, 50, 70 and 24; Greensboro to 
Fayetteville via Sanford, Highways Nos. 60 and 53; Durham to Rockingham via 
Sanford and Hamlet, Highways Nos. 75, 50, 204 and 20; Candor to Rockingham 
via Norman and Ellerbe, Highways Nos. 170 and 75; High Point to Asheboro, 
Highways Nos. 77 and 70; Asheboro to Siler City via Ramseur, Highway No. 90. 

Franchise Certificate No. 101 of which the foregoing is a renewal, having been 
hypothecated on February 11, 1931, to J. D. Ross, Asheboro, N. C, authority is 



122 N. C. Utilities Commission 

hereby granted to hypothecate the foregoing Franchise Certificate No. 101 issued 
May 26, 1931, to the Greensboro-Fayetteville Bus Line, Inc., to J. D. Ross, Ashe- 
boro, N. C, as security for certain bonds, subject to the continuing right of the 
UtiHties Commission of North CaroUna to approve the purchaser under any fore- 
closure sale. 

Amended October 23, 1940, to include: Between Fayetteville and Fort Bragg 
Reservation over Highway No. 210 via State Teacher's College, Gardner's Chapel, 
Shaw Station and overhead bridge to intersection of old Highway No. 210, north 
of Manchester. 

Amended February 1, 1941, to include an unnumbered highway from Vass, 
N. C, through Fort Bragg MiUtary Reservation to Raeford, N. C, 

Amended June 16, 1941, to include Fayetteville to Lillington over State High- 
ways Nos. 87 and 210 via Manchester. 

Amended June 28, 1942, to include: Pittsboro to Graham over N. C. 87; thence 
to Burlington over N. C. 54. 

Greenville-Brevard Bus Line, Edwin C. King d/b/a. Route No. 2, Greenville, 
S. C. Franchise Certificate No. 543. 



Routes: Between Brevard, N. C. and the North Carolina-South Carolina State 
Line over U. S. No. 276. 

J. H. Hammack, Gasburg, Virginia. Franchise Certificate No. 583 
Passenger. 

Routes: From Roanoke Rapids to the Virginia State Line over N. C. Highway 
47 to the intersection of said highway with State Highway No. 46, thence over 
State Highway 46 via Vultare to the Virginia State Line and return. 
Reference: Order dated December 21, 1945 in Docket No. 3408. 

Hastings Bus Line, J. C. Hastings, d/b/a, Durham, N. C. Franchise Certificate 
No. 610. 
Passenger. 

Routes: 1. From Durham to Camp Butner over U. S. Highway No. 15 and from 
said Highway No. 15 over any road to said camp entrance that now exists or may 
hereafter be constructed, provided that said operation between Durham and the 
point on said Highway No. 15 at which the operation leaves said Nighway No. 15 
at the camp entrance shall be with closed doors from the hmits of Durham except 
for bona fide workers at the camp, with the right to pick up industrial workers 
Hving along Highway 15 until April 1, 1947 as provided by Order, dated Febraury 
7, 1946, in Docket 3511. 

2. From City of Durham over Guess Road for a distance of about 7 miles to 
Hunt's Store and from a point on Guess Road to Crystal Lake, which is about 
one-half mile west of Guess Road. 
Reference: Order dated October 8, 1946, in Docket No. 3780. 

Helms Motor Express, Mrs. Mabel D. Burton, Owner, Albemarle. Franchise 
Certificate No. 273. 
Freight. 

Routes: Transportation of general commodities over the following routes: 
1. From Charlotte to Raleigh over N. C. 27 to Carthage via Albemarle, Troy, 
and Biscoe, and from Carthage over U. S. 15 via Tramway and Sanford to the in- 



Decisions and Adjustments of Complaints 123 

tersection of U. S. 15 and U. S. 1, five miles north of Sanford; thence over U. S. 1 
via Apex and Gary to Raleigh; from Red Cross to Oakboro over N. C. 205; from 
intersection of N. C. 27 and N. C. 740, two miles east of Albemarle, over N. C. 
740 to Badin; from intersection of N. C. 27 and N. C. 73 over N. C. 73 to Mount 
Gilead; thence over N. C. 109 to the intersection of N. C. 27 near Wadeville; from 
Biscoe to Star over U. S. 220; from intersection of N. C. 27 and N. C. 705 over 
N. C. 705 to Robbins. 

2. From Salisbury over U. S. 52 via Rockwell, Richfield and Albemarle to Nor- 
wood. 

3. From Biscoe to New Bern over U. S. 220 from Biscoe to Candor, thence over 
N. C. 211 via West End, Pinehurst and Aberdeen to Raeford; thence over 15-A 
to Fayetteville; thence over N. C. 24 via Roseboro, Clinton, Warsaw, Kenansville 
and Richlands to Jacksonville; thence over U. S. 15 to New Bern; from Candor to 
Norman over U. S. 220 and from Norman to West End over N. C. 73; from Pine- 
hurst to Carthage over U. S. 15; from Pinehurst to Southern Pines over N. C. 2; 
from Aperdeen over U. S. 1 via Southern Pines and Cameron to the intersection 
of U. S. 15, two miles south of Tramway; from Fayetteville to Fort Bragg over 
N. C. 87. 

4. From Kenansville over U. S. 11 via Pink Hill and Kinston to the intersection 
of N. C. 55; thence over N. C. 55 via Fort Barnwell and Jasper to New Bern; thence 
over U. S. 70 to Cherry Point. 

5. From Durham over U. S. 15 via Chapel Hill and Pittsboro to the intersection 
of U. S. 1 north of Sanford; from Chapel Hill to Carrboro over N. C. 54; from Pitts- 
boro over U. S. 64 to the intersection of U. S. 1, two miles north of Apex. From 
Apex over N. C. 55 to the intersection of N. C. 55 and U. S. 64. 

6. From Sanford to Washington over U. S. 421 from Sanford to Dunn via 
LiUington and Erwin; thence from Dunn over N. C. 55 via Newton Grove to 
Mount Olive; thence over U. S. 117 via Dudley to Goldsboro; thence over N. C. 
102 to Snow Hill; thence over U. S. 258 to Farmville; thence over U. S. 264 via 
Greenville to Washington. 

7. From lillington over N. C. 210 via Angier to Smithfield; thence over U. S. 
301 to Selma, and from the intersection of U. S. 301 and U. S. 70 near Selma over 
U. S. 70 to Goldsboro. 

Hill's Bus Line, Mrs. Hattie J. Hill d/b/a, Ahoskie, N. C. Franchise Certificate 
No. 609. 
Passenger. 

Routes: Transportation of passengers, their baggage, mail and light express over 
the following routes: 

From Ahoskie to Powellsville over N. C. 97, thence to Colerain over N. C. 350, 
thence over N. C. 45 to Midway on U. S. 17, thence over an unnumbered road 
from Midway to Merry Hill; from Colerain over N. C. 45 via Harrellsville to Win- 
ton, thence over U. S. 158 via Mapleton to Murfreesboro and return serving all 
intermediate points. 
Reference: Order dated October 3, 1946, in Docket No. 3776. 

Keeter's Bus Company, W. Harry Keeter d/b/a, Mooresville, N. C. Franchise 
Certificate No. 513. 
Passenger. 

Routes: Between Mooresville and Kannapolis over N. C. Highways No. 150, 
152 and 153 from Mooresville to Landis, thence over U. S. Highway No. 29 to 



124 N. C. Utilities Commission 

Kannapolis, operations over said U. S. Highway No. 29 being subject to the reser- 
vations, restrictions, and conditions set out in agreement dated March 26, 1942, 
between Carolina Coach Company and W. Harry Keeter, a copy of which agree- 
ment is on file in Docket No. 2531. 
Reference: Order issued April 15, 1942, in Docket No. 2531. 

Laurinburg & Southern Railroad Company, Laurinburg, N. C. Franchise 
Certificate No. 520. 

Freight, Express and Mail. 

Routes: From Johns over U. S. Highway No. 501 to Laurinburg; thence over 
U. S. Highway No. 15-A to Raeford, and return. 
Reference: Order dated June 4, 1942, in Docket No. 2469. 

Lawndale Bus Company, O. S. Hunt d/b/a, Lawndale, N. C. Franchise Certificate 
No. 549. 

Passenger. 

Routes: Beginning at Lawndale; thence over an unnumbered highway to Caesar; 
thence over Highway No. 10 to Polkville; from Polkville over Highway No. 26 to 
Owen's Service Station; thence over an unnumbered Highway to Double Shoals; 
thence back to Owen's Service Station; thence down Highway No. 26 to Shelby 
from Shelby over Highway No. 18 to Fallston; from Fallston over Highway No. 
180 to Lawndale. 

Lawndale Railway & Industrial Company, Lawndale, N. C. Franchise Cer- 
tificate No. 566. 

Freight. 

Routes: Between Lawndale and Shelby over N. C. Highways Nos. 180 and 18 
via Fallston, and over N. C. Highways 180 and 26 via Polkville. 

William R. Ledbetter, Skyland, N. C. Franchise Certificate No. 584. 

Passenger. 

Routes: From Wilkes Store near Asheville-Henderson Airport over Hooper 
Creek Road to Mills Gap Road; thence down Cane Creek Road to Tweeds Chapel; 
from Tweed's Chapel over Concord Road back to Mills Gap Road on to Busbee 
and the Sweeten Creek Road to Asheville. 
Reference: Order dated January 7, 1946, in Docket No. 3471. 

Leicester Bus Line, Glenn Ray d/b/a, 7 Redfern St., Asheville, N. C. Franchise 
Certificate No. 506. 

Passenger. 

Routes: Between Leicester over County Home Road, Emma Road to Asheville 
city limits; thence with West Haywood to destination on Patton Avenue, Highway 
No. 63. 

Amended to indued between Asheville, N. C. and the foot of Pisgah Mountain 
over Sand Hill and Pisgah Roads via Enka and return being operating rights pur- 
chased by Glen Ray from C. D. Noblett, approved by order of the Commission 
dated March 20, 1945, in Docket No. 3287. 

Amended to include from intersection of N. C. Highway 63 with Green Valley 
Road over said N. C. Highway 63 to Plemmons' Store; from intersection of John- 



Decisions and Adjustments of Complaints 125 

son School Road with County Home Road over Johnson School Road to Johnson 
School and to the foot of Spivey Mountain and return 
Reference: Order dated April 18, 1945, in Docket No. 3255. 

Lenoir Motor Coach Company, Inc., Lenoir, N. C. Franchise Certificate No. 475. 

Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle 
with passengers over the following routes: 

(1) Over North Main Street in City of Lenoir, Finley Avenue, Scroggs Avenue, 
Vance Street and Blowing Rock Road U. S. Highway No. 321 from City Limits 
to Warrior, a distance of about two miles. 

(2) West Avenue, West Harper Avenue, Beall Street, Maple Drive, Virginia 
Street and State Highway No. 90 from City Limits to Anderson's Store, a dis- 
tance of about three miles. Dog Ridge Road and Harpertown Road, Oak Street. 

(3) South Main Street, East Harper Avenue, Montview Avenue, Norwood 
Street and State Highway No. 90 from City Limits to the Forks of the Wilkes- 
boro and Taylorsville Road, a distance of about one and one-half miles. 

(4) South Main Street, South Mulberry Street, Olive Avenue, U. S. Highway 
No. 321 from City Limits to intersection of Connelly Springs Road; thence out 
said road to Old Collier's M. E. Church, Harrisburg Road, Miller Hill Road, 
Underdown Avenue, Mill Street, College Avenue. 

(5) From Lenoir 1.9 miles to Collettsville via Warrior. 

From Blackstone over N. C. Highway 268 to the intersection of said highway 
with U. S. Highway No. 321; from Burke County Line over Connelly Springs 
Road to the intersection of the road leading from Hudson to Connelly Springs 
Road; from Baton over a dirt road to the Connelly Springs Road; from Saw 
Mills over a dirt road to the Connelly Springs Road via Dry Pond; from Saw 
Mills over a dirt road by Cajah Mountain to Connelly Springs Road; from Dud- 
ley Shoals over a dirt road to the point of intersection' of said dirt road with 
N. C. Highway No. 90 just east of Oak Hill. (Reference: Order dated August 
17, 1942, in Docket No. 2683.) 

From Granite Falls over an unnumbered highway leading through and by 
Stubbs Farm and Dry Ponds to Connelly Springs Road, a distance of approxi- 
mately four miles. 

From Dudley Shoals to Granite Falls over an unnumbered highway; thence 
from Granite Falls by the Mill Village to Grace Chapel over an unnumbered 
highway, a distance of approximately three miles; thence from Grace Chapel 
to Dudley Shoals Road over an unnumbered highway, a distance of approxi- 
mately two miles, and return over the same route. 

From Catawba River over an unnumbered county road to the Valdese General 
Hospital at Rutherford College, a distance of three miles. 
Reference: Order dated July 8, 1946, in Docket No. 3426. 
From Clark's Chapel over an unnumbered highway to Antioch Church via the 
the Airport. 

Reference: Order dated July 18, 1946, in Docket No. 3426. 

(1) As lessee over the franchise route of Atlantic Greyhound Corporation: (1) 
Between Beaver Creek, on N. C. Highway No. 18, and Lenoir, over N. C. High- 
way No. 18; (2) Between Chesterfield and Gamewell over N. C. Highway No. 18; 
(3) Between the junction of the Dudley Shoals highway and N. C. Highway No. 



126 N. C. Utilities Commission 

90 and the intersection of N. C. Highway No. 90 and N. C. Highway No. 18 over 
N. C. Highway No. 90; subject to the terms of the lease agreement with the 
Atlantic Greyhound Corporation dated May 23, 1945, as appears in Docket 
No. 3093. 

(2) As lessee over the franchise route of Queen City Coach Company from 
Granite Falls to Patterson via Lenoir over U. S. Highway No. 321, subject to 
the terms of the lease agreement with the Queen City Coach Company dated 
October 2, 1942, as appears in Dockets Nos. 2683 and 3426. 

(3) Lease agreement between W. W. Smith, as Lessor, and Lenoir Motor 
Coach Company, Inc., as Lessee, relating to operation between Rhodhiss and 
Granite Falls, as appears in Docket No. 3618. 

LiNCOLNTON Bus CoMPANY, J. R. Lewis, Owner, 32 S. Lexington Avenue, Asheville, 
N. C. Franchise Certificate No. 416. 

Passenger. 

Routes: Between Gastonia, N. C, and Lincolnton, N. C, over State Highway 
No. 16. 

LiPE Motor Lines, M. P. Lipe d/b/a. Hickory, N. C. Franchise Certificate No. 579. 
Freight. 

Routes: (1) For transportation of textile goods and supplies over the following 
routes: 

(2) Route No. 1— From Asheville, N. C. to Mebane, N. C. over U. S. High- 
way No. 70. Off route from Mebane, N. C. over N. C. Highway No. 119 to 
Swepsonville, N. C. and Saxapahaw, N. C; from Saxapahaw, N. C. over N. C. 
Highway No. 87 to Altamahaw, N. C. and intermediate points. Alternate 
route from intersection of U. S. Highway No. 70 and N. C. Highway No. 100 to 
Gibsonville, N. C, Elon College, Glen Raven and Burlington. Off route from 
intersection of U. S. Highway No. 70 and N. C. Highway No. 114 to Drexel, 
N. C. 

Route No. 2 — From Conover, N. C. to Salisbury, N. C. by way of Gastonia and 
Charlotte, over U. S. Highways 321, 74, 29 and 29- A, servicing all intermediate 
points. Alternate route from Gastonia to Belmont over N. C. Highway No. 7, 
servicing all intermediate points; over N. C. Highway No. 273 from Belmont, 
N. C. to Charlotte, N. C, servicing all intermediate points. Alternate route over 
N. C. Highway No. 150 from Lincolnton to Cherryville, and thence over N. C. 
Highway No. 274 to Bessemer City and thence over U. S. Highway No. 74 to 
Gastonia. 

Route No. 3 — From Hickory, N. C. to Hendersonville, N. C, servicing all in- 
termediate points, over N. C. Highways 127, 10 and 18 to Shelby ; thence over 
U. S. Highway No. 74 to Rutherfordton, N. C; thence over N. C. Highway 
No. 108 to Tryon and thence over U. S. Highway No. 176 to Hendersonville. 
Off route over N. C. Highway No. 180 from Fallston to Lawndale and over 
N. C. Highway No. 120 from U. S. Highway No. 74 to CUffside, N. C, Henrietta, 
N. C. and intermediate points to Forest City, N. C. 

Route No. 4 — From Hickory, N. C. to Lenoir and intermediate points over U. S. 
Highway No. 321 with off route to Rhodhiss, N. C, over a country road. 
Reference: Order dated June 20, 1945, in Docket No. 3151. 



Decisions and Adjustments of Complaints 127 

From Asheville to Hazelwood over U. S. Highways 19 and 23. From Hender- 
sonville to the South Carohna State Line over U. S. Highway 25 via Flat Rock 
and Tuxedo. 
Reference: Order dated August 28, 1946, in Docket No. 3521. 

LuMBERTON CoACH CoMPANY, Inc, Lumberton, N. C. Franchise Certificate No. 
578. 

Passenger. 

Routes: 1. From Lumberton to Dublin over N. C. Highways 41 and 87; from 
Dublin to Bladenboro over N. C. Highway 410. The rights herein granted are 
for the duration of the present war and six months after. Reference: Order dated 
May 22, 1945, in Docket No. 3238. 

2. Between Dublin and EUzabethtown over N. C. Highway 87, and between 
EUzabethtown and White Lake, N. C. Highway 701, under lease agreement 
with Queen City Coach Company. Reference: Order dated July 10, 1945, Docket 
No. 3238. 

M. & B. Transit Lines, Inc., Burlington, N. C. Franchise Certificate No. 574. 
Passenger. 

Routes: Beginning within the corporate limits of the City of Burlington at the 
intersection of Trollinger Street and South Park Avenue via South Park Avenue 
to Hoke Street; thence along Hoke Street to West Front Street; thence along 
Front Street to Spring Street; thence along Spring Street from East Front Street 
to Davis Street; thence along Davis Street to Anthony Street; via Anthony Street 
to Webb Avenue; thence along Anthony Street to Corporate Limits of City of 
Burlington and beyond said corporate limits along Anthony Street to Queen Anne 
Street in Burlington Mills Section; thence along Queen Anne Street to Graham 
Street; thence along Graham Street to Beaumont Avenue; via Beaumont Avenue 
to Midway Avenue; thence on Midway Avenue to Hopedale Road; thence along 
Graham and Hopedale Road to Corporate Limits of Town of Graham and Graham 
Depot; thence along Washington Street to Providence Street; via Providence Street 
and North Main Street to Courthouse in Graham, N. C. and return. (By order 
dated March 1, 1939, in Docket 1479.) 

Amended to include: Beginning at the intersection of Graham-Hopedale Road 
with Midway Avenue and connecting with the route presently served by applicant 
and running thence on Graham-Hopedale Road to its intersection with U. S. 70; 
thence on U. S. 70 and N. Main Street to Southern Railway Company's main 
line; thence along S. Main Street to W. Front Street (with alternate route from 
the point on N. Main Street intersecting with Ireland Street; on Ireland Street to 
N. Broad Street and on N. Broad Street to E. Webb Avenue, connecting with the 
present route served by applicant); on S. Main Street from the intersection of 
W. Front Street to and beyond the corporate limits of the City of Burlington on 
U. S. 70 to the intersection of N. C. 93 and return by alternate route on Church 
Street with its intersection with S. Main Street to W. Front Street and connecting 
with the present route served by the applicant; on S. Park Avenue from its in- 
tersection with Trollinger Street and connecting with the route now served by 
appUcant to and beyond the corporate limits of the City of Burlington on N. C. 
100 to the Post Office, Glen Raven, N. C, and return by alternating route on W. 
Davis Street Extension to its intersection with N. C. 100 on W. Davis Street to 
Church Street and on Church Street from W. Davis Street to W. Front Street and 



128 N. C. Utilities Commission 

connecting with the route now served by the applicant. (By order dated May 26, 
1942, in Docket No. 2567.) 

Beginning at Anthony Street in Burlington; thence with Central Highway to 
eastern corporate limits of City, as extended, thence on Central Highway to west- 
ern corporate limits of the Town of Graham; thence to Harden Street, Graham; 
thence to Graham Courthouse and on S. Main Street to Southern corporate Umits 
of Graham; thence over N. C. 87 to Forks of unnumbered hard surface highway at 
Bethany Church; thence to Village of Swepsonville, and return over same route. 
That the rights herein granted shall be held and exercised subject to the right of 
the governing bodies of Burlington and Graham to change or designate schedules, 
routes and stops within the corporate limits of their respective cities as they may 
find the condition of the streets, congestion of traffic, safety and other necessary 
police regulations to require. (By Order dated April 17, 1944, in Docket No. 3059.) 

The above rights were conveyed by C. A. Lea t/a Lea Transportation Company 
to M. &. B. Transit Lines, Inc., and approved by Order dated February 6, 1945, 
in Docket No. 3248.) 

MiRS Hill-Weaverville Bus Line, Vaughn Holcombe and Annie Mae Holcombe, 
Administratrix of estate of M. J. Holcombe, deceased d/b/a, Weaverville, 
N. C. Franchise Certificate No. 433. 

Passenger. 

Routes: From Asheville Union Bus Station over such streets in the corporate 
limits of Asheville as the city authorities may direct, to U. S. Highways 19 and 23; 
thence over said highways via Weaverville and Stocksville to the intersection of 
the highway leading to Mars Hill; thence over said Mars Hill highway to Mars 
HiU. 

From the east edge of Gorman's Bridge on Highway 63, over said highway to its 
intersection with Highway 630; thence over Highway 630 to Elk Mountain Cotton 
Mill; thence over Elk Mountain Road to Brown's Store; thence over Burnsville 
Hill Road to its intersection with Highway 63 at Woodfin; thence over said High- 
way 63 to its intersection with Lexington Avenue within the city hmits of Ashe- 
ville; thence over such streets within the corporate limits of Asheville to the Union 
Bus Station, as the Municipal authorities may designate. 

Mecklenburg Bus Lines, Inc., Route No. 9, Box No. 129-A, Charlotte, N. C. 
Franchise Certificate No. 547. 

Passenger. 

Routes: From Charlotte over U. S. No. 74 to intersection of County Highway 
No. 80; thence over No. 80 to its intersection with County Highway No. 71; thence 
on No. 71 in a southeastern direction to its intersection with County Highway 
No. 70, Hoods Crossroads; thence with County Highway No. 70 to Mint Hill; 
thence from Mint Hill east over No. 70 to its intersection with County Highway 
No. 98, Bartlett's Store. Thence return over No. 70 to Mint Hill; thence from 
Mint Hill over County Highway No. 70 to intersection with County Highway No. 
7; thence with No. 7 in a northwest direction to its intersection with County High- 
way No. 74; thence with No. 74 to its intersection with County Highway No. 71; 
thence with County Highway No. 71 to its intersection with County Highway 
No. 80; thence in a western direction with County Highway No. 80 to its intersec- 
tion with U. S. No. 74; thence with U. S. No. 74 to the City of Charlotte. (In 
accordance with Commission's order dated April 2, 1943, Docket No. 2754). 



Decisions and Adjustments of Complaints 129 

Miller Motor Express, W. W. Miller, Jr., Charlotte, N. C. Franchise Certificate 
No. 304. 

Freight. 

Routes: From Charlotte to the N. C.-S. C. State Line via Pineville over U. S. 
Highway No. 21; from Charlotte to Wilmington via Monroe, Wadesboro, Rock- 
ingham, Hamlet, Laurinburg, Lumberton, Chadbourn, Whiteville and Bolton 
over U. S. Highway No. 74; from Laurinburg to Fayetteville via Raeford over 
U. S. Highway No. 15-A; from Raeford to the intersection of U. S, Highway No. 
74 at a point about three miles west of Lumberton via Red Springs over N. C. 
Highways No. 211 and 72; from Fayetteville to Lumberton via St. Pauls over 
U. S. Highway No. 301; from Fayetteville to the intersection of U. S. Highway 
No. 74 about one mile east of Delco via Tarheel, Dublin, Elizabethtown and Acme 
over N. C. Highway No. 87; from Fayetteville to Clarkton via Roseboro, Clinton, 
Garland, White Lake and Ehzabethtown over N. C. Highway No. 24 and U. S. 
Highway No. 701; from Lumberton to Bolton via Bladenboro and Clarkton over 
N. C. Highway No. 211; from Lumberton to intersection of U. S. Highway 74 and 
State Highway No. 130 via Fairmont over N. C. Highways No. 41 and 130; from 
Whiteville to the intersection of U. S. Highways 17 and 74 via Old Dock, Ash, 
Shallotte and BoUvia over U. S. Highway No. 701, N. C. Highway No. 130 and 
U. S. Highway No. 17; from the intersection of U. S. Highway No. 701 and N. C. 
Highway No. 130 at a point about two miles south of Whiteville to Tabar City 
over said U. S. Highway No. 701; from the intersection of U. S. Highway No. 17 
and N. C. Highway No. 130 at a point near Supply over said State Highway No. 
130 to Southport; from the intersection of N. C. Highway No. 130 and N. C. High- 
way No. 303 at a point two miles north of Southport over said N. C. Highway 
No. 303 to its intersection with U. S. Highway No. 17. 

Note: The above description of highway routes is according to the 1944 North 
Carolina Highway Map, published by the North Carolina State Highway and Pub- 
lic Works Commission, and said routes include the rights formerly held by P. & F. 
Motor Express under Franchise Certificate No. 295, which was purchased by Miller 
Motor Express and approved by order dated September 26, 1942, in Docket No. 
2775. 

Mount Airy Transportation Company, Inc., P. O. Box 243, Mount Airy, N. C. 
Franchise Certificate No. 601. 

Passenger. 

Routes: To transport passengers, their baggage, Ught express and mail over 
the following routes: 

From Virginia-North CaroUna State Line over U. S. Highway 52 to Mount 

Airy, N. C; thence over U. S. Highway 52 via Banner Town to McGee's Store; 

thence return over U. S. Highway No. 52 to Banner Town; thence over N. C. 

Highway No. 89 to Sheltontown and return over N. C. Highway No. 89 to Banner 

Town; thence over U. S. Highway via Mount Airy, N. C. to the North Carohna- 

Virginia State Line. Also from junction of U. S. Highway No. 52 and unnumbered 

county road north of Mount Airy over said county road to U. S. Highway No. 

601; thence over U. S. Highway 601 to Mount Airy and return over the same route. 

Also from junction of New and Old N. C. Highway No. 89 over Old N. C. Highway 

No. 89, which is now an unnumbered county road, to the New Highway No. 89, 

thence over N. C. Highway No. 89 to Mount Airy; thence over N. C. Highway No. 

103 to Sparger's Ochard and return the same route. 

Reference: Order dated July 11, 1946, in Docket No. 3556. 
9 



130 N. C. Utilities Commission 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate No. 308. 
Passenger. 

Routes: Elizabeth City, N. C, and the N. C.-Va., State Line, destination Nor- 
folk, Va., via Highway No. 34 and Camden, Sligo and Moyock; 

Washington, N. C, to the N. C.-Va, State Line, destination Norfolk, Va., High- 
ways Nos. 30, 342, 34 and 341 via Williamston, Windsor, Edenton, Elizabeth and 
South Mills. 

WilUamston to Columbia via Plymouth, Roper and Creswell, Highway No. 90; 
and between Elizabeth City and Weeksville over N. C. Highway No. 170. 

From the intersection of Highway No. 172 with Highway No. 17 near Edenton 
and at Edenton across Albemarle Sound to Highway No. 64 and from Plymouth, 
N. C, over Highway No. 97 to the intersection of No. 264 near Bunyon; thence to 
Washington with closed doors. (In accordance with Order dated January 17, 
1940, in Docket No. 1235.) 

From Edenton to the Virginia-North Carolina State Line via N. C. Highway 
No. 32 and return same route, serving Hancock, Valhalla, Gliden, Sunbury and 
Corapeake as off-route points. (In accordance with order dated October 8, 1941, 
in Docket No. 2248. 

Between South Mills and Sunbury over N. C. Highway No. 30 and U. S. High- 
way No. 17. (Docket No. 2562, Order dated March 10, 1942.) 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate No. 
308-A. 
Passenger. 

Routes: Between North Carolina- Virginia State Line and Knotts Island, N. C, 
over unnumbered highway. 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate No. 
308-B. 
Freight. 

Routes: From the Virginia state line over U. S. Highway 17 via South Mills, 
EUzabeth City and Hertford to Edenton, thence over N. C. Highway 32 to the 
junction of said highway with U. S, Highway 64, thence over U. S. Highway 
64 to Plymouth, thence over N. C. Highway 32 to its intersection with U. S. 
Highway 264, thence over U. S. Highway 264 to Washington, thence over U. S. 
Highway 17 via Vanceboro to New Bern, thence over N. C. Highway 55 via 
Grantsboro and Bayboro to Oriental; from the Virginia state line over N. C. 
Highway 170 via Moyock, Sligo, Belcross and Elizabeth City to Weeksville; 
from the Virginia state line over an unnumbered highway leading into North 
Carolina from Munden to Knotts Island; from the intersection of N. C. Highway 
32 and U. S. Highway 64 at a point 16 miles east of Plymouth over U. S. Highway 
64 via Creswell to Columbia; from the intersection of N. C. Highway 32 and U. S. 
Highway 264 at a point 8 miles east of Washington over said U. S. Highway 264 
via Belhaven and Swanquartcr to Engelhard. 

Norfolk Southern Railway Company, Norfolk, Va. Franchise Certificate No. 
522. 
Freight. 

Routes: For transportation of freight, mail and express between Asheboro and 
Aberdeen over U. S. Highway No. 220 and N. C. Highway No. 211, shipments 
to be to and from rail stations on regular bills of lading and at rail rates. Reference: 
Order dated September 20, 1941, in Docket No. 2262. 



Decisions and Adjustments of Complaints 131 

From Candor to Ellerbe over U. S. Highway No. 220, subject to the conditions 
set out in the above paragraph. Reference: Order dated June 4, 1942 in Docket 
No. 2121. 

Orchard Gap Bus Line, Tommie Nixon d/b/a, Mount Airy, N. C. Franchise 
Certificate No. 600. 

Passenger. 

Routes: To transport passengers, their baggage, light express and mail ever the 
following routes. 

From Mount Airy, N. C, over N. C. Highway 104 to the junction of an un- 
numbered highway known as "Ward's Gap Road"; thence to North Carolina- 
Virginia State Line and return over the same route. 
Reference: Order dated July 11, 1946, in Docket No. 3555. 

Oteen Bus Company, Inc., 98 Patton Avenue, Asheville, N. C. Franchise Cer- 
tificate No. 411. 

Passenger. 

Routes: Leave Asheville from Pack Square, over College Street into Highway 
No. 20 (now U. S. Highways Nos. 70 and 74); thence through Beaucatcher Tunnel 
down to the intersection of Highways Nos. 10 and 20 at Haw Creek School; thence 
follows U. S. Highway No. 74 (by Jack Weaver's restaurant) via Municipal Golf 
Course and Recreation Park to property known as United States Public Health 
Hospital at Oteen. (This route formerly operated by Oteen Bus Line.) 

Amended June 4, 1942, to include: From Oteen to plant of Beacon Manufactur- 
ing Company at Swannanoa over Grassy Branch Road via Riceville and Farm 
School and return over same route for duration of the war and six months there- 
after. (See Docket No. 2585 and order dated June 4, 1942.) 

Overnite Transportation Company, 712 Hull Street, Richmond, Va. Franchise 

Certificate No. 511. 

Freight. 

Routes: 1. From Wilmington to Durham over U. S. Highway No. 421 from Wil- 
mington to Clinton; thence over U. S. Highway No. 701 to Newton Grove; thence 
over N. C. Highway No. 55 to Dunn; thence over U. S. Highway No. 421 to Er- 
win; thence over N. C. Highway No. 55 via Coats and Angier to the intersection 
of U. S. Highway No. 15-A; thence over said U. S. Highway No. 15-A to Raleigh; 
thence by alternate routes over V. S. Highways 70 and 70-A to Durham; subject 
to the following restrictions: The carrier "shall not be allowed to take on any 
freight at Raleigh to be delivered in Durham, nor any freight in Durham to be 
delivered in Raleigh." 

(The above originally granted to Ward Transfer Company by order dated June 
15, 1938, in Docket No. 1218, the restrictions between Raleigh and Durham being 
made by order dated August 8, 1938, in Docket No. 1218, and said rights transferred 
to J. H. Cochrane under date of March 20, 1942.) 

2. From Mount Airy to Greensboro over U. S. Highway No. 52 from Mount 
Airy to Winston-Salem; thence over U. S. Highway No. 421 via Kernersville to 
Greensboro. 

(Acquired by purchase from Piedmont Mountain Freight Lines, Inc., under 
order of April 14, 1944, in Docket No. 3094.) 



132 N. C. Utilities Commission 

3. From Greensboro to Clinton over U. S. Highway No. 421 via Julian and Siler 
City to Sanford; thence over N. C. Highway No. 87 to Fayette ville; thence over 
N. C. Highway No. 24 via Roseboro to Clinton. 

(On original application under order dated October 31, 1944, in Docket No. 
3130.) 

The above routes are described according to the 1944 Highway Map issued by 
the North Carolina State Highway and Public Works Commission. 

Amended by striking out the route from Mount Airy to Winston-Salem over 
U. S. Highway No. 52. 

Reference: Order dated March 12, 1946, in Docket No. 3533. 
Pait's Transfer, Grover Pait d/b/a, Bladenboro, N. C. Franchise Certificate No. 
540. 
Freight. 

Routes: Between Bladenboro and other intrastate points for duration of the war. 

Parkway Bus Company, Incorporated, North Wilkesboro, N, C, Franchise 
Certificate No. 486. 

Passenger. 

Routes: Transportation of passengers over the following routes: 

1. From Salisbury to Winston-Salem over N. C. 150 

2. From Salisbury over U. S. 601 via Mocksville, Yadkinville, Boonville and 
Dobson to Mount Airy; thence over N. C. 89 via Bottom to the Virginia State 
Line; from intersection of U. S. 601 and N. C. 268 over N. C. 268 via Elkin and 
Ronda; from Boonville over N. C. 67 to Jonesvilie, thence over U. S. 21 to Elkin. 
From intersection of U. S. 601 and N. C. 801 at Davie Cross Roads over N. C. 801 
to Cooleemee and return. 

3. From Lexington over U. S. 64 via Mocksville to the intersection of N. C. 
901, thence over N. C. 901 via Harmony and Union Grove to the intersection of 
N. C. 901 and N. C. 115. 

4. From Statesville over N. C. 115 to North Wilkesboro. 

5. From North Wilkesboro over N. C. 18 via Mulberry, Laurel Springs and 
Sparta to the Virginia State Line. 

6. From North Wilkesboro over N. C. 16 via Millers Creek, Glendale Springs, 
Jefferson and Grumpier to the Virginia State Line; from intersection of N. C. 16 
and N. C. 88 over N. C. 88 to Laurel Springs. 

7. From Jefferson over N. C. 88 via Warrens ville and Creston to the Tennessee 
Line; from Warrensville over N. C. 162 via Lansing and Holton to the Virginia 
Line; from Jefferson to West Jefferson over U. S. 221. 

8. From Fairplains, north of North Wilkesboro on N. C. 18, over an unnumbered 
county road via Hays and Dockery to Traphill, and from Traphill over unnumbered 
:;ounty road via Austin to the intersection of said road with N. C. 268 between 
Elkin and Ronda; from Austin over unnumbered road to Doughton and from the 
intersection of said unnumbered road with another unnumbered road to Traphill. 

9. From Ronda over unnumbered road via CHngman to the intersection of U. S. 
421, thence with 421, west approximately two miles, to the intersection of an un- 
numbered road; thence with said unnumbered road, north and then west along 
the Yadkin River to a point on U. S. 421 near Wilkesboro; thence over U. S. 421 
to Wilkesboro; thence to North Wilkesboro. 

10. From the intersection of U. S. 421 and an unnumbered road at a point be- 
tween North Wilkesboro and Millers Creek over said unnumbered road via Buck 
and Congo to Champion. 



I 



Decisions and Adjustments of Complaints ],33- 

(1) Docket 2023-A. Agreement with Atlantic Greyhound Corporation, in re: 
schedules, fares and service between Ronda on N. C. 268 and North Wilkesboro, 
Millers Creek and Maple Springs. 

(2) Docket 2743. Agreement with Atlantic Greyhound Corporation, in re: 
operations between Clingman and Delia Plain on the one hand and North Wilkes- 
boro and Elkin on the other hand. 

(3) Docket 3032. Condition restricting turn-around service between Millers 
Creek and North Wilkesboro. 

(4) Docket 2043. Condition, in re: schedules between Salisbury and Winston- 
Salem. 

(5) Docket 3148. Condition requiring closed door operations over U. S. 421 be- 
tween North Wilkesboro and the intersection of said highways with the unnum- 
bered highway leading to Buck and Champion. 

Parkway Tours, G. H. Ruff d/b/a, Waynesville, N. C. Franchise Certificate 
No. 598. 

Passenger. 

Routes: (1) Sightseeing tours hmited to round trips which originate and termi- 
nate in Waynesville or within a radius of ten miles thereof, without the right to 
pick up or discharge any passengers at any other points or places, emergencies 
excepted. 

(2) Route 1 — From Waynesville over U. S. Highway 276 via Cruso to Brevard; 
thence, from Brevard over U. S. Highway 64 via Rosman, Lake Toxaway, and 
Cashiers to High Hampton, and return to Cashiers over N. C. Highway 107; thence, 
continuing from Cashiers over said Highway 64 to Highlands, Gneiss, Cullasaja, 
and Frankhn; thence, from Franklin over U. S. Highway 23 via Dillsboro and Sylva 
to Waynesville. 

Route 2 — From Waynesville over N. C. Highway 293 via Dellwood, Maggie, 
and Soco Gap to Cherokee; .thence, over N. C. Highway 107 via Smokemont to 
Newfound Gap, and return over same route from Newfound Gap to Cherokee; 
thence, from Cherokee over N. C. Highway 28 and U. S. Highway 19 via Bryson 
City, Lauada, Wesser, Nantahala, to Topton; thence, from Topton over U. S. 
Highway 129 via Robbinsville and Tapoco to the junction of said highway with an 
unnumbered highway leading to the Fontana Dam, and over said unnumbered 
highway to said Fontana Dam, and return over same route to Topton; thence, 
from Topton to Nantahala over U. S. Highway 19; thence, over an unnumbered 
highway via Aquone to Franklin; thence, from Franklin over U. S. Highway 23 
via Dillsboro and Sylva to Waynesville. Reference: Order dated June 17, 1946. 
in Docket No. 3561. 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 454. 
Passenger, Light Express and Mail. 

Routes: 

Route 1 — Between Wadesboro and Winston-Salem, N. C. From Wadesboro 
over U. S. Highway 52 to New London, N. C, thence over North CaroHna High- 
way 49-A to junction North Carolina Highway 49, thence over North Carohna 
Highway 49 to junction North CaroHna Highway 109, and thence over North 
Carohna Highway 109 to Winston-Salem. 

Route 1-A — Between Junction North Carolina Highways 49 and 49-A and Rit- 
chie's Lake, N. C, over unnumbered highway. 



134 N. C. Utilities Commission 

Route 2 — Between Salisbury and New London, N. C. over U. S. Highway 52. 

Route 2-A — Between Albemarle and New London, N. C, over North Carolina 
Highway 27 from Albemarle to Junction North Carolina Highway 740; thence 
over North Carolina Highway 740 via Badin, N. C. to New London. 

Route 2-B — Between junction North Carolina Highway 740 and unnumbered 
highway and Moonset Inn, N. C, over unnumbered highway and Morrow Moun- 
tain State Park. 

Route 3 — Between Albemarle and Davidson, N. C, over North Carohna High- 
way 73. 

Route 3-A — Between junction North Carolina Highways 109 and 49 (in David- 
son County, N. C), and Burlington, N. C, over North Carolina Highway 49 from 
said junction to Asheboro, N. C, thence over U. S. Highway 220 to junction North 
Carohna Highway 49; thence over North Carolina Highway 49 to Graham, N. C, 
and thence over North Carolina Highway 54 to Burlington. 

Route 3-B — Between Davidson and Triangle, N. C, over U. S. Highway 21 
from Davidson to Cornelius, N. C, thence over North Carolina Highway 73 to 
Triangle. 

Route 4 — Between Winston-Salem and Sahsbury, N. C, over North Carolina 
Highway 150 from Winston-Salem to junction North Carolina Highways 29 and 
70, and thence over North Carolina Highway 29 and 70 to Salisbury. 

Route 5 — Between junction North Carolina Highways 49 and 8 to Lexington, 
N. C, over North Carohna Highway 8. 

Route 5-A — Between Lexington and Reeds Cross Roads, N. C, over U. S. 
Highway 64, 

Route 6 — Between Mount Pleasant, N. C, and junction North Carolina High- 
ways 49 and 49A via Richfield, N. C, over North Carolina Highway 49. 

Return over the same routes serving all intermediate points on the above- 
described routes. 

Note: The above routes are under lease to and operated by Queen City Coach 
Company under agreement approved March 15, 1944, in Docket No. 3089. 

Piedmont Mountain Freight Lines, Inc., Charlotte, N. C. Franchise Certificate 
No. 502. 

Freight. 

Routes: Transportation of general commodities over the following routes: 

1. From Charlotte to North Wilkesboro, over N. C. 27 from Charlotte to Lin- 
colnton via Mount Holly, thence over U. S. 321 from Lincolnton to Conover via 
Newton, thence over N. C. 16 to North Wilkesboro via Taylorsville and Moravian 
Falls. 

This route is restricted against service between Charlotte and Conover and in- 
termediate points except as to shipments from Newton to North Wilkesboro and 
from North Wilkesboro to Newton. 

2. From Charlotte to the Virginia Line over U. S. 21 via Mooresville, States- 
ville, Brooks Cross Roads, Elkin, Roaring Gap and Sparta; from Statesville to 
Taylorsville over N. C. 90 via Stoney Point. 

3. From Mooresville to the Virginia Line, over N. C. 801 from Mooresville 
via Barber to the junction of U. S. 601, thence over U. S. 601 via Mocksville, 
Yadkinville, Boonville and Dobson to Mount Airy, thence over N. C. 89 via Bot- 



Decisions and Adjustments of Complaints 135 

torn and Low Gap to the Virginia Line; from Mount Airy to the Virginia Line over 
U. S. 52; from the intersection of U. S. 601 and N. C. 268 five miles south of Dob- 
son over N. C. 268 via Elkin, Ronda and Roaring River to North Wilkesboro. 

Route 3 includes the right to serve the following off-route points: Mazeppa, 
Mt. Ulla, Bear Poplar, Woodleaf, Cornatzer, Bixby, Advance, Idols, Muddy 
Creek, Atwood and Frontis. 

Piedmont Trucking Company, W. C. Lucas, Pearlie M. Lucas and A. B. Cox 
d/b/a, Asheboro, N. C. Franchise Certificate No. 509. 
Freight. 

Routes: In order of February 24, 1942, the Commission approved the applicant's 
lease of Central Motor Freight Line, Inc., beginning the first day of March, 1942, or 
within five days of the approval of the lease, to the first of March 1944, subject to 
such continuing rights as the lease agreement may permit. 

The applicant purchased Earl's Transfer from Earl W. Cox, Asheboro, N. C. 
effective on or before April 1, 1942, the Commission to be advised of the date when 
applicant actually assumes control, all rights, title and interest in Franchise Cer- 
tificate No. 501 in favor of Earl's Transfer, Earl W. Cox, Owner, dated September 
26, 1941, and covering the following points: 

Asheboro to Randleman to High Point over No. 311 

Asheboro to Liberty to Burlington over No. 49. 

Asheboro to Candor to Ellerbe to Rockingham over No. 220; Rockingham to 
Laurinburg over No. 74; Laurinburg to Aberdeen on Routes Nos. 15 and 501; 

Aberdeen to Pinehurst to West End by Candor over No. 211; return to Ashe- 
boro over No. 220. 

From Greensboro to Asheboro over U. S. Highway No. 220; between Asheboro 
and Ramseur over U. S. Highway No. 64, as provided in order dated July 25, 
1944, in Docket No. 3145. 

PuLLEN Bus Line, C. T. Pullen d/b/a, Burgaw, N. C. Franchise Certificate No. 611. 
Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle 
with passengers over the following routes: 

From Burgaw to Elizabethtown over Highway N. C. 53, and from the intersec- 
tion of N. C. 53 with an unnumbered highway leading from the southern end of 
White Lake around the southern and eastern sides of White Lake where the un- 
numbered highway intersects U. S. 701; thence over U. S. 701 to the intersection 
of N. C. 53. 

Reference: Order dated October 24, 1946, in Docket No. 3788. 

Queen City Coach Company, Charlotte, N. C. Franchise Certificate No. 240. 

Passenger. 

Routes: Routes covered by Franchise Certificate No. 240, Queen City Coach 
Company, upon renewal as of February 1, 1940. Since the issuance on February 
1, 1937, of Certificate No. 240, of which this is a renewal under Chapter 136, Public 
Laws of 1927 and amendments thereto, the State Highway Commission has 
changed practically all of the highway route numbers and this certificate in being 
renewed has been made to conform to the new numbers, in accordance with the 
Highway Map, dated 1939, but in changing the numbers, the cities en route have 
been named so as to properly locate the highways operated by the owner of this 
certificate and its predecessors. 



136 N, C. Utilities Commission 

(1) Between Wilmington and Asheville, over U. S. Highway No. 74, via the 
towns and cities of Leland, Chadbourn, Boardman, Lumberton, Maxton, Rock- 
ingham, Wadesboro, Monroe, Matthews, Charlotte, Gastonia, Shelby, Ruther- 
fordton. Lake Lure, and Fairview. 

(1-a) Between Chadbourn and N. C.-S. C. State Line over U. S. Highway No. 
76 via Cerro Gordo and Fair Bluff. 

(1-b) Between Boardman and Fairmont over N. C. Highway No. 71, via Orrum. 

(1-c) Between Lumberton and N. C- S. C. State Line over N. C. Highway No. 
41, via Fairmont. 

(1-d) Between Fayetteville and intersection of N. C. Highway No. 87 with 
U. S. Highway No. 74 near Acme over N. C. Highway 87, via Tarheel, Dublin 
and Elizabethtown. 

(1-e) Between Raeford and Elizabethtown over N, C. Highway No. 211 and 
U. S. Highway No. 701, via Red Springs, Lumberton, Bladenboro, and Clarkton. 

(1-f) Between Fayetteville and N. C.-S. C. State Line over U. S. Highway No. 
301, via St. Paul, Lumberton and Rowland. 

(1-g) Between Maxton and Goldsboro over N. C. Highway No. 71, U. S. High- 
way No. 301, N. C. Highway No. 102 and U. S. Highway No. 117 via Red Springs, 
Parkton, Fayetteville and Newton Grove. 

(1-h) Between Wadesboro and N. C.-S. C. State Line over U. S. Highway No. 
52 via Morven and McFarlan. 

(1-i) Between Monroe and N. C.-S. C. State Line over N. C. Highway No. 151. 

(1-j) Between intersection N, C. Highway No. 7 with U. S. Highway No. 74, 
over N. C. Highway 7 via Belmont, McAdenville, Lowell and Gastonia. 

(1-k) Between Gastonia and Cherryville over N. C. Highway No. 274, via 
Bessemer City; and between Bessemer City and Kings Mountain over N. C. High- 
way No. 161. 

(1-1) Between Bat Cave and Hendersonville over U. S. Highway No. 64 via 
Edneyville. 

(1-m) Between Monroe and N. C.-S. C. State Line (Lancaster) via N. C. High- 
way No. 200. 

(1-n) Between Shelby, N. C, and Sahsbury, N. C, over N. C. Highway No. 
150 via Cherryville, Lincolnton and Mooresville. 

(2) Between Salisbury and N. C.-Tenn. State Line over U. S. Highway No. 70, 
N. C. Highways Nos. 212 and 208 via Statesville, Hickory, Morganton, Marion, 
Asheville, Marshall and Walnut. (Destination over N. C. Highway 208 to Greene- 
ville, Tenn., and over N. C. Highway No. 212 to Erwin, Tenn.) 

(2-a) From junction U. S. Highway No. 70 and N. C. Highway No. 10 to New 
ton over N. C. Highway No. 10 via Catawba. 

(2-b) Between Asheville and N. C.-Tennessee State Line over U. S. Highway 
No. 23 via Weaverville, Swiss and Ramseytown. 

(2-c) Between Forks of Ivey via Mars Hill over N. C. Highways Nos. 213, 213-A, 
and N. C. Highway No. 36 and N. C.-Tenn. State Line via Faust and Little Creek. 

(2d) Between Mars Hill over N. C. Highway No. 213, U. S. Highways Nos. 23, 
19-E and N. C. -Tenn. State Line near Elk Park via Swiss, Burnsville, Micaville, 
Spruce Pine, Ingalls, Plumtree, and Cranberry. 

(2-e) Between Blowing Rock, N. C, and Marion over U. S. Highway No. 221 
via Linville, Pineola, Crossnore, Linville Falls, Asheford and Woodlawn. 



Decisions and Adjustments of Complaints 137 

(2-f) Between Elk Park and Ingalls over N. C. Highway No. 194 via Newland 
and Crossnore. 

(2-g) Between Newland and Linville over N. C. Highway No. 181. 

(2-h) Between Marion and Bakersville over N. C. Highway No. 26 via Little 
Switzerland and Penland. 

(2-i) Between Asheville and Oteen over N. C. Highway No. 81 via Biltmore 
and Recreation Park. 

(3) Between Elk Park and Charlotte over N. C. Highway No. 194, U. S. High- 
way No. 321, and N. C. Highway No. 27 via Heaton, Valle Crucis, Sugar Grove, 
Vilas, Boone, Blowing Rock, Lenoir, Hickory, Newton, Lincolnton and Mt. Holly. 

(3-a) From Charlotte to junction County Road and N. C. Highway No. 27 at 
Paw Creek over N. C. Highway No. 271 and County Road. 

(4) Between Fayette ville and Jacksonville over N. C. Highway No. 24 via 
Clinton, Warsaw, Kenans ville and Richlands and from Kenans ville to Kinston 
over N. C. Highway No. 11 via Deep Run and Pink Hill. 

(4-a) Between Roseboro and Salemburg over N. C. Highway No. 242. 
(4-b) Between Clinton and Dunn over U. S. Highway No. 421. 

(5) Between Wilmington and Fort Fisher over U. S, Highway No. 421 via 
Carolina Beach. 

(6) The agreement between Queen City Coach Company and the Queen City 
Lines, Inc., as of August 24, 1932, is hereby carried forward as between the Queen 
City Coach Company and the Atlantic Greyhound Corporation. The agreement 
above referred to provides that neither company shall operate any schedule which 
departs from Charlotte for Kings Mountain or from Kings Mountain for Charlotte 
within one hour by the departure of any schedule operated by the other company 
except by the mutual consent of both parties in writing by and with the approval 
of the N. C. Utihties Commissioner, and further provided that each shall have an 
equal right to operate between Charlotte and Kings Mountain over both the old 
and new N. C. State Highways by way of the towns of Belmont, McAdenville, 
Lowell, Ranlo and Gastonia. 

(7) Authority is hereby granted the Queen City Coach Co., Inc., to hypothecate 
the foregoing Franchise Certificate No. 240, dated February 1, 1940, to the Amer- 
ican Trust Co., trustee, as security for indebtedness amounting to $68,850 to the 
B. & H. Coach Line, Inc., as outlined in deed of trust, dated November 25, 1932, 
and filed with the Utilities Commission, subject to the continuing right of the Util- 
ities Commission of North Carolina to approve the purchaser under any foreclosure 
sale. February 1, 1940. 

Amended July 15, 1940, subject to complaint and hearing, to include State 
Highway No. 78 from Hamlet to Gibson, N. C, thence over Highway No. 79 to 
the North Carolina-South Carolina State Line, destination Bennettsville, S. C. 

Amended February 3, 1941, by adding: From U. S. Highway No. 421 to the 
entrance gate of Cape Fear River Shipyards south of Wilmington. 

Amended February 3, 1941, by adding: From U. S. Highway Nos. 29 and 74, 
just west of Charlotte over the Dixie Highway to the Army Air Base. 

(The above two amendments are made under the Federal Defense Emergency 
Program.) 

Amended May 23, 1941, to include Highway No. 114 between U. S. Highway 
No. 70 and Drexel. 



138 N. C. Utilities Commission 

Amended September 30, 1941, by adding: Charlotte to Waxhaw over State 
Highway No. 16 via Weddington; thence over State Highway No. 75 to Monroe. 

Amended to include from Clarkton to the N. C.-S. C. State Line via Whiteville 
and Tabor City over U. S. Highway No. 701. Reference: Transferred by sale 
from the Waccamaw Stages, Inc., approved by order dated August 5, 1941, in 
Docket No. 2348. 

Amended to include from Charlotte to Newton via Denver over N. C. Highway 
No. 16. Reference: Order dated February 7, 1942, in Docket No. 871. 

Amended to include (1) From Newton Grove over N. C. Highway No. 50 via 
Benson to Garner, thence over U. S. Highway 70 to Raleigh, (2) From CUnton to 
Elizabethtown via Garland over U. S. Highway 701. Reference: Order dated 
July 29, 1942, in Dockets Nos. 2564 and 2578. 

Amended to include from junction of U. S. Highway No. 74 and Rama Road to 
junction of Rama Road and Sardis Road, a distance of 1.5 miles; thence over 
Sardis Road to junction of Sardis Road and N. C. Highway No. 51, a distance of 
3.5 miles; thence over N. C. Highway No. 51 to Matthews, a distance of 1 mile; 
thence over N. C. Highway No. 51, to junction of N. C. Highway No. 16 and N. C. 
Highway No. 84 to junction of N. C. Highway No. 84 and N. C. Highway No. 75, 
a distance of 11 miles; thence over present franchise route over N. C. Highway 
No. 75 to Monroe, by alternate route over Sardis Road between Rama Road and 
State Highway No. 16, be and the same is hereby granted, without prejudice, how- 
ever, to the right of any party or parties adversely affected to subsequently contest 
the applicant's right to operate over that portion of the Sardis Road between the 
Rama Road and State Highway No. 16. Reference: Order dated August 10, 1942, 
m Docket No. 2693. 

Amended to include (1) From Fayetteville over N. C. Highway No. 53 to the 
junction of said Highway with 701, thence over said Highway 701 to Elizabethtown 
(2) From DubUn to Lumberton over N. C. Highway No. 41. Reference: Order 
dated December 22, 1943, in Docket No. 2967. 

Amended to include operations over franchise routes of Piedmont Coach Com- 
pany as shown in Certificates Nos. 454, 454-A, 454-B, 454-C, 454-D and 454-E 
under lease agreement approved by order dated December 13, 1944, in Docket 
No. 3089. 

Amended to include from Spruce Pine via Bakersville to the N. C.-Tennessee 
State Line over N. C. Highway No. 26. Reference: Order issued March 1, 1944, 
in Docket No. 2979. 

Amended to include (1) From Greensboro over U. S. Highway No. 421 to junc- 
tion with N. C. Highway No. 22, thence over said Highway 22 via Climax, Frank- 
linville, Ramseur, Coleridge, McConnell to the junction of N. C. Highway 27, 
thence over N. C. Highway 27 to Carthage, thence over U. S. Highway No. 15 
and 501 via Eastwood, Pinehurst, and Aberdeen to Laurinburg (2) From Seagrove 
on U. S. Highway 220 over N. C. Highway 705 via Robbins to the junction of N. C. 
Highway 27, thence over said Highway 27 to Carthage. Reference: Order dated 
July 13, 1944, in Docket No. 1599. 

Amended to include N. C. Highway No. 242 from the junction of said Highway 
with U. S. Highway No. 421 via Roseboro to the junction of said Highway No. 
242 with U. S. Highway No. 701: Reference: Order dated March 20, 1945, in 
Docket No. 3126. 

Lease agreement between Queen City Coach Companj^, Charlotte Suburban 
Lines, Inc., and Heath Springs Bus Line, Inc., cancelled by order of the Com- 
mission dated October 25, 1945, in Docket No. 3019. 



Decisions and Adjustments of Complaints 139 

R. & R. Transit Company, Inc., 700 West Salisbury Street, Asheboro, N. C. Fran- 
chise Certificate No. 465. 

Passenger. 

Routes: Over North Fayette ville Street and Highway No. 220 to the intersection 
of Highway No. 62, located three-tenths of a mile beyond the end of the city fran- 
chise limit; thence over Highway No. 62 to Central Falls, a distance of approxi- 
mately four miles. From Asheboro over Highway No. 220 and Highway No. 62 
to a point about two miles beyond Central Falls; the intersection of said Highway 
No. 62 with County Road; thence over County Road to Cedar Falls; thence by 
nearest route over County Road to intersection in Highway No. 64; thence over 
Highway No. 64 to Asheboro. 

Amended October 21, 1938, to include: See Docket No. 1336 for agreement with 
Queen City Coach Company. (Greensboro-Fayette ville Bus Line, Inc.) 

Amended June 9, 1942, to include: That part of Highway No. 49 from Central 
Falls to the intersection of Millboro Road; thence over Millboro Road to Worth- 
ville; thence to Highway No. 220. 

Amended April 4, 1942, to include: See Docket No. 2539 for agreement with 
Atlantic Greyhound Corporation. 

Amended August 18, 1942, to include: See Docket No. 2752 for agreement with 
Greensboro-Fayetteville Bus Line, Inc. 

Amended March 23, 1943, by adding: From Asheboro over Highway No. 902 
to Coleridge and from Frankhnville over Highway No. 22 and unnumbered County 
Highway to Cedar Falls and return. (See Docket No. 2793.) 

Amended for the duration of the war and six (6) months thereafter without prej- 
udice to the rights of the applicant for reinstatement of this application at the time 
the applications of Atlantic Greyhound Corporation and Greensboro-Fayetteville 
Bus Lines, Inc., are heard to include: "From Coleridge to Ramseur over Highway 
No. 22." (See Docket No. 2793). 

Railway Express Agency, Inc., 89 Luckie Street, N. W., Atlanta, Ga. Franchise 
Certificate No. 456. 

Freight. 

Routes: From Winston-Salem over U. S. Highway No. 52 via Lexington to 
Wadesboro. 

From Winston-Salem over U. S. Highway No. 311 to High Point; thence over 
U. S. No. 70 via Thomasville to Lexington, and thence to Wadesboro. 

From Winston-Salem over N. C. Highway No. 109 to Thomasville; thence to 
Wadesboro. 

Return over these routes to Winston-Salem. 

Service is authorized to and from the intermediate points of Thomasville, Lexing- 
ton, Albemarle, Ansonville, Norwood and High Point. (Docket No. 7271.) 

Between High Point and Asheboro over U. S. Highway No. 311, serving Randle- 
man as an off route point on U. S. Highway No. 220. (Docket No. 606.) 

Between Winston-Salem, Rural Hall and Mount Airy over U. S. Highway No. 
52. 

Between Greensboro and Stokesdale via Summerfield over U. S. Highway No. 
220 to intersection of Highway No. 158; thence to Stokesdale. 



140 N. C, Utilities Commission 

Between Greensboro and Sanford over U. S. Highway No. 421. Greensboro to 
Siler City and Franklinville via Route 421 to Junction 22; thence 22 to Pleasant 
Garden; thence 22 to intersection of 62; thence 62 to intersection 421; thence 421 
to Siler City; thence 64 to Ramseur; thence 64, 64- A and N. C. 22 to FrankUnville; 
thence 64- A, 64 and country unnumbered highway to Cedar Falls; then return over 
the same unnumbered highway to 64; thence 64 to Ramseur and Siler City; thence 
return 421 to Greensboro. (Docket No. 1511.) 

Between Weldon and WilUamston, including Hamilton in Ueu of Hassel. 

Between Salisbury and Norwood over U. S. Highway No. 32, serving Badin as 
an off route point over State Highways Nos. 73, 27 and 740, serving Granite Quarry, 
Rockwell, Gold Hill, Richfield, New London and Albemarle as intermediate points. 
(Docket No. 2758.) 

Between Durham and Chapel Hill over U. S. Highway No. 15. (Docket No. 
565.) 

Between Hickory and Lenoir over U. S. Highway No. 321. (Docket No. 599.) 

From Asheville to Enka over Highways Nos. 19 and 23. (Docket No. 605.) 

From Louisburg over State Highway No. 59 to junction of State Highway No. 
56 to Frankhnton. (Docket No. 1291.) 

This service shall only be available to and from rail stations or points heretofore 
served where rail stations have been discontinued. 

This certificate is a slight abridgment or reduction of mileage over the original 
routes granted by the Commission; therefore, this certificate is written as operated 
as of August 1, 1944. 

Rocky Mount-Norfolk Truck Line, N. F. Spence, Owner (Trading and doing 
business in the name of Carolina-Norfolk Truck Line, Norfolk, Va.), Elizabeth, 
City, N. C. Franchise Certificate No. 287. 

Freight. 

Routes: Between Rocky Mount, N. C, and the North Carolina-Virginia State 
Line, Highways Nos. 40, 48 and 12 via Weldon, Murfreesboro, and Como, for in- 
terstate operation only. 

Amended December 30, 1935, making J. M. Spencer, owner. 

Amended August 10, 1932, making J. E. Beamon, owner. 

Ricks Tours and/or Ricks Bus Line, Paul T. Ricks, d/b/a, Greenville, N. C. 
Franchise Certificate No. 568. 

Passenger. 

Routes: From Burgaw to Elizabethtown via Ward's Corner and White Lake 
over Highways Nos. 53, 41-701. (This includes the road around the east side of 
White Lake.) 

Greenville to Roanoke Rapids via Highway No. 11 to Oak City via Highway No. 
125 to intersection of No. 301; thence over No. 301 to Weldon; thence over 158 
and 47 to Roanoke Rapids. 

From Scotland Neck over Highway No. 258 to intersection of N. C. Highway 
No. 561; thence over Highway No. 561 to intersection of No. 301. 

Amended January 16, 1945, to include: From Greenville, North Carohna, to 
Rocky Mount, North Carolina, via Falkland and Pinetops over N. C. Highway 
No. 43, and return, for operations as approved by the Office of Defense Transporta- 
tion, said operating rights between Greenville and Rocky Mount having been 



Decisions and Adjustaiexts of Complaints 141 

leased by Paul T. Ricks to the Seashore Transportation Company. (By Order 
dated December 18, 1942, and January 11, 1945, in Docket No. 2152.) 

Amended October 18, 1945, to include: From Rocky Mount to Norlina via N. C. 
Highway 43 to Liberia; thence over N. C. Highway 58 and U. S. Highway 158 to 
Warrenton, then over U. S. Highway 158 to Norlina, and return, said rights now 
being operated by Seashore Transportation Company under lease agreement with 
Paul T. Ricks. (Reference: Order dated December 18, 1942, and January 11, 1945, 
in Docket 2152, and Order dated October 18, 1945, in Docket 3131.) 

Amended by striking from this certificate the following: 

From Greenville, N. C, to Norlina, N. C. over N. C. Highway No. 43; from 
Greenville, N. C, via Falkland, Pinetops, Rocky Mount, Red Oak to Liberia; 
thence over N. C. Highway No. 58 and L^. S. Highway No. 158 via Warrenton 
to Norlina and return over the same routes. 
Reference: Order dated November 20, 1945, in Docket No. 3131. 

Rockingham Suburban Bus Line, T. E. McGill d/b/a, Rockingham, N. C. Fran- 
chise Certificate No. 570. 

Passenger. 

Routes: Within the present and future corporate limits of the Town of Rocking- 
ham, and its territorial limits, over, along, across and upon the main and largely 
traveled streets, roads and highways of the town. To operate from the city limits 
of the said town to East Rockingham Road a distance of approximately three 
miles and return. This particular route will service four mills, to wit: Hannah- 
Picket No. 2, Entwistle No. 1, Hannah-Picket No. 1 and Entwistle No. 2, now 
known as Beaunit Manufacturing Company, thence from the city limits on U. S. 
Highway No. 1 south approximately two miles to Cardova Road, and thence over 
Cardova Road approximately two miles to Steel's Mill and return; thence from 
the city limits out U. S. Highway No. 1 north approximately .7 of a mile to Rober- 
dell Road and thence out Roberdell Road approximately two miles to Entwistle 
No. 3 mills, thence continue on said Roberdell Road (county road) approximately 
23^ miles to Ledbetter's Mills and return over same route. To operate to Sonoco 
Products Mill, Pee Dee Mill No. 2 and Pee Dee Mill No. 1, which mills are located 
just outside the said city limits and within territorial and residential limits. The 
proposed service over the above routes will serve the Town of Rockingham and ten 
miles operating three shifts daily. 

The rights herein granted to be held and exercised subject to the limitations as 
stipulated between T. E. McGill, Queen City Coach Company and Greensboro- 
Fayetteville Bus Line, Inc., in an agreement between said parties dated July 10, 
1944, a copy of which is on file with the Commission in Docket No, 3133. (By 
order issued 8-4-44 in Docket No. 3133.) 

Rowan-Cabarrus Bus Line, Inc., Kannapolis, N. C. Franchise Certificate No. 553. 
Passengers, Mail, Newspapers and Light Express. 

Routes: From China Grove over N, C. 152 via Bostian Crossroads and Miller's 
Store to Rockwell; from Bostian Crossroads over the old Salisbury-Concord road 
via Mt. Gilead church to Concord; from a point at or near Miller's Store on N. C. 
152 over an unnumbered road via Faith to the intersection of said road with U. S. 
52 in Salisbury; from Gold Hill over county road known as "Ridge Road" via Lib- 
erty Church and Pooletown to Salisbury. 



142 N, C. Utilities Commission 

R. L. Russell, Clyde, N. C. Franchise Certificate No. 608. 
Passenger. 

Routes : Transportation of passengers and their baggage in the same vehicle with 
passengers over the following routes: 

From Cold Springs, which is located near the Tennessee line and is just off the 
highway leading to Max Patch, over an unnumbered and unnamed road which 
runs in a general north-south direction to its intersection with N. C. Highway 209 
at a point about seven miles north of Crabtree, thence over said Highway 209 via 
Crabtree to the intersection of said highway with U. S. Highways 19 and 23 near 
Lake Junaluska, thence with closed doors over said Highways 19 and 23 to Waynes- 
ville; and return over same route. 

Reference : Order dated August 8, 1945, in Docket No. 3324. 

Rutherford County Transit Company, Rutherfordton, N. C. Franchise Certifi- 
cate No. 523. 
Passenger. 

Routes: (a) Over U. S. Highway No. 74 from Rutherfordton to a point about one 
and one-half miles east of Forest City, thence over an unnumbered county road to 
Bostic, Washburn's Store and Sunshine, and return. 

(b) Over N. C. Highway No. 221 from Rutherfordton to an unnumbered county 
road leading to Harris, thence over said unnumbered road to Harris and return. 

(c) Over N. C. Highway No. 108 from Rutherfordton to a point approximately 
five miles therefrom, and return. 

(d) Over U. S. Highway No. 74 in a westerly direction from Rutherfordton to 
a point approximately five miles therefrom and return. 

(e) Over U. S. Highway No. 221 from Rutherfordton to Gilkey and return. 

(f) Over U. S. Highway No. 64-A from Rutherfordton to a point about one-half 
mile north of Westminster and return. The rights herein granted do not include 
the right to pick up passengers within one-half mile of routes covered by franchise 
certificates to Carolina Scenic Coach Lines and Queen City Coach Company. 
Reference: Order dated May 20, 1942; Docket No. 2558. 

(g) From Rutherfordton to CHffside via Spindale and Forest City under lease 
agreement with Carohna Scenic Coach Lines. Reference: Orders dated September 
2, 1942, and December 8, 1942; Docket No. 2558. 

(h) Over an unnumbered highway from Cliffside to Boiling Springs, thence over 
N. C. Highway No. 150 to Shelby. The rights herein granted do not include the 
right to operate through schedules from Shelby to Forest City via Cliffside. Refer- 
ence: Order dated September 10, 1942; Docket No. 2670. 

(i) From the terminus of the route described in Paragraph (f) at a point about 
one-half mile north of Westminster over U. S. Highway No. 64-A to Morganton 
and return. The rights herein granted cease and determine at the expiration of 
six months after the declaration of peace between the United States and the 
countries with which it is now at war. Reference: Order dated March 13, 1944; 
Docket No. 2937. 

Safeway Suburban Lines, Inc., Box 594, Dunn, N. C. Franchise Certificate No. 
593. 
Passenger. 

Routes: Dunn to Erwin via U. S. No. 421; thence via N. C. No. 217 to intersec- 
tion of an unnumbered highway with N. C. No. 217, which leads to Bunnlevel; 
thence over said unnumbered highway to Bunnlevel and return via same route. 
Reference: Order dated April 26, 1946, in Docket No. 3464. 



Decisions and Adjustments of Complaints 143 

Safeway Transit Company, Wilmington, N. C. Franchise Certificate No. 576. 
Passenger. 

Routes: Beginning at Front and Princess streets and over such streets as ap- 
proved by City Council of Wilmington; thence on Route 20 to Wrightsville Beach 
via causeway and bridge to Wrightsville Beach and over such streets as may be 
approved by Wrightsville Board of Commissioners; also over route from City 
Limits of Wilmington over old shell road to Wrightsville Sound. (By Order dated 
July 7, 1943, in Docket No. 2934.) 

Sold by Tide Water Company to Safeway Transit Company and approved by 
Order dated April 5, 1945, in Docket No. 3299. 

Sanford Bus Lines, Inc., Sanford, N. C. Franchise Certificate No. 595. 

Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle with 
passengers. 

From Sanford over U. S. 421 to the intersection of the Cumnock Road, thence 
over said Cumnock Road to the Cumnock community; from Sanford over an 
unnumbered county road to Colon; from Sanford over U. S. 421 via Jonesboro to 
Seminole; from Jonesboro over N. C. 78 to Tramway; from Tramway over U. S. 
Highway 1 to Cameron; thence over an unnumbered highway to Carthage and 
return over the same routes. 
Orders dated May 13, 1946 and June 11, 1946, Docket No. 3433. 

Seaboard Air Line Railroad Company, Norfolk, Va. Franchise Certificate No. 
604. 

Freight. 

Routes: Transportation of property by motor vehicle, such transportation being 
limited to service which is auxiliary to or in substitution of railroad service and 
shall be confined to the picking up of shipments at, or delivery to established rail- 
road stations, offices of the Railway Express Company, or Post Offices, such ship- 
ments not to exceed 10,000 pounds of property commonly known as freight or 
express from or to any one point of origin or any one point of destination within a 
period of twenty-four consecutive hours; this condition not applicable to United 
States Mail. 

(a) From Charlotte to Wilmington over U. S. 74. From Charlotte via Monroe, 
Wadesboro, Rockingham, Hamlet, and Laurinburg to Lumberton, thence over 
N. C. 211 via Bladenboro and Clarkton to Bolton, thence over U. S. 74 to Wilming- 
ton; from Monroe to Waxhaw over N. C. 75. 

(b) From South Carolina State Line to Virginia State Line over N. C. 77. From 
South Carolina State Line via Hamlet to the intersection of said highway with 
U. S. 1 near Marston, thence over U. S. 1 via Aberdeen, Southern Pines and Tram- 
way to Sanford, thence over U. S. 15 and 501 to Pittsboro, thence over U. S. 64 
and N. C. 55 to Apex, thence over U. S. 1 via Raleigh, Wake Forest, Franklin- 
ton, Henderson and Norlina to the Virginia State Line; from Franklinton to 
Louisburg, over N. C, 56. 

(c) From Charlotte to Rutherfordton over N. C. 27. From Charlotte vtia M. 
Holly and Stanley to Lincolnton; thence over N. C. 150 via Cherryville to Shelby, 
thence over U. S. 74 via Mooresboro, Ellenboro, Forest City and Spindale to Ruth- 



144 N. C. Utilities Commission 

erfordton; from the intersection of U. S. 74 and N. C. 120, west of Mooresboro 
over N. C. 120 to Cliffside; thence over U. S. 221-A to Caroleen; thence over un- 
numbered road to Ellenboro. 

Reference: Order dated December 2, 1940, Dockets Nos. 875, 975, 1766 and 
1969. 

Seashore Transportation Company, New Bern, N. C. Franchise Certificate No. 
122. 

Passenger, Light Express and Mail. 

Routes: 1. From Rocky Mount to Wilson over U. S. Highway 301, thence to 
Goldsboro over U. S. Highway 117. 

2. From Goldsboro to Kinston via LaGrange over U. S. Highway 70. 

3. From Kinston to New Bern via Fort Barnwell over N. C. Highway 55; from 
Kinston to New Bern via Dover over U. S. Highway 70; from Kinston via Trenton 
over N. C. Highway 12 to intersection of said highway with U. S. Highway 17 
near Pollocksville. 

4. From New Bern to Beaufort via Havelock, Newport, Mansfield and More- 
head City over U. S. Highway 70. 

5. From Havelock to Beaufort via Harlowe over N. C. Highway 101. 

6. From Havelock to Cherry Point Marine Base over an unnumbered highway 
between said points known as Roosevelt Boulevard. 

7. From Beaufort to Atlantic via Otway and Smyrna over U. S. Highway 70. 

8. From Otway to Harkers Island over an unnumbered highway via Bogue 
Sound Bridge. 

9. From Smyrna to Marshallberg over an unnumbered highway. 

10. From Morehead City to Atlantic Beach, thence to Fort Macon, over an un- 
numbered highway. 

11. From Mansfield to Jacksonville via Swansboro and Piney Green over N. C. 
• Highway 24. 

12. From Washington to Wilmington via Vanceboro, New Bern, Pollocksville, 
Jacksonville, and Folkstone via U. S. Highway 17. 

13. From Greensville to Vanceboro via Calico over N. C. Highway 43. 

14. From New Bern to Oriental via Grantsboro and Bayboro over N. C, Highway 
55. 

15. From Folkstone on U. S. Highway 17 to Sneads Ferry over N. C. Highway 
172. 

16. From junction of N. C. Highway 24 with an unnumbered highway known as 
Holcomb Boulevard at Midway Park, over said Holcomb Boulevard to Hadnot 
Point in the Camp Lejeune Marine Base, operations over said routes being with 
the consent of the United States Marine Corps. 

17. By alternate route from Rocky Mount to Wilson over N. C. Highway 95 
from Rocky Mount to junction of said highway with N. C. Highway 58, thence 
over N. C. Highway 58 to Wilson. 

' Amended by striking out Item 17, which reads as follows: "By alternate route 
from Rocky Mount to Wilson over N. C. Highway 95, from Rocky Mount to 



Decisions and Adjustments of Complaints 145 

junction of said highway with N. C. Highway 58, thence over N. C. Highway 58 
to Wilson." 

1. From Greenville to Liberia via Bruce, Pinetops, Rocky Mount, Red Oak and 
Aventon, over N. C. Highway 43, thence from Liberia to Norlina via Warrenton 
over N. C. Highway 58. 

2. From Bayboro to Hobucken via Cash Corner over N. C. Highway 304, thence 
over unnumbered county road to Lowland; from Cash Corner to Vandemere over 
N. C. Highway 307. 

3. From Chocowinity via Blount Creek and Edward to Aurora over N. C. 
Highway 33, thence from Aurora to Grantsboro over N. C. Highway 308; from 
Aurora to Hobucken via South Creek and Campbell's Creek over unnumbered 
secondary road. 

Shelby Transit Company, Inc., Shelby, N. C. Franchise Certificate No. 444. 
Passenger. 

Routes: Streets of the City of Shelby; extension of East Marion Street, N. C. 
Highway No. 20 from city limits to Cleveland County Fairgrounds; Extension of 
West Marion Street from city Hmits to Dover and Ora Mills and to city limits at 
East Lee Street. 

Silver Fleet Motor Express, Inc., 216 Pearl Street, Louisville, Ky. Franchise 
Certificate No. 586. 

Freight. 

Routes: From Charlotte to Statesville over U. S. Highway 21 via Huntersville 
and Mooresville, 

From Statesville to the Tennessee line over U. S. Highway 70 via Hickory, 
Morgan, Marion, Old Fort, Asheville, Marshal and Hot Springs. 

From Morganton to Lincolnton over State Highways 18 and 27, serving Toluca 
as an off route point. 

From Asheville to the Georgia State line over U. S. Highway 19 via Canton, 
Waynesville, Sylva, Bryson City, Nantahala, Topton, .Andrews, Murphy and 
Culberson. 

From Sylva to Tuckaseigee over N. C. Highway 107. 

From the junction of U. S. Highway 19 and N. C. Highway 107 to Cherokee, 
thence from Cherokee over N. C. Highway 28 to the junction of said highway with 
U. S. Highway 19. 

From Murphy to Shooting Creek over U. S. Highway 64 via Brasstown and 
Hayesville. 

From Murphy to the Georgia State line over N. C. Highway 60. 

From the intersection of N. C. Highway 60 and U. S. Highway 64 to the Tennes- 
see State line. 

From the intersection of U. S. Highway 64 and N. C. Highway 294 to the Tennes- 
see State line over said U. S. Highway 294, serving Postell and Hiawassee Dam as 
off-route points. 

From Topton to the Tennessee State line over U. S. Highway 129 via Robbins- 
ville and Tapoco. 

Serving all intermediate points 

Reference: Sale of rights of Smith's Transfer Corporation, Inc., Bankrupt, by 
L. H. Wall, Referee. Order dated January 25, 1946, in Docket No. 3498. 

10 



146 N, C. Utilities Commission 

Silver Fox Lines, Lewis B. Newman d/b/a, Danville, Va. Franchise Certificate 
No. 493. 

Passenger. 

Routes: From Oxford over U. S. Highway No. 158 to Roxboro; thence over 
Highway No. 57, 62 and 158 to Yancey ville, via Samora and Milton; thence from 
Yanceyville to the N. C.-Virginia State Line over U. S. Highway No. 158 and 
N. C. Highway No. 14 via Purley. 

Amendmended January 1, 1943, to include: Roxboro to Burlington over State 
Highways Nos. 49 and 70. 

Amended to include: From Roxboro to the North Carolina- Virginia State Line 
over N. C. Highway No. 49, destination Virgilina, Va. 

W. W. Smith, Whitnel, N. C. Franchise Certificate No. 529. 
Passenger. 

Route: From Rhodhiss over an unnumbered State Highway to Granite Falls 
and from Hudson over the Bumtown Road to where said road intersects the Granite 
Falls-Dudley Shoals Road, and from said intersection to Granite Falls. 

Smoky Mountain Stages, Inc., Asheville, N. C. Franchise Certificate No. 400. 
Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle 
with passengers over the following routes: 

1. From Asheville over U. S. 19 via Canton, Lake Junaluska, Waynesville, 
Sylva, Dillsboro, Brj^son City, Lauada, Topton, and Andrews to Murphy; thence 
over U. S. 64 via Ranger to the Tennessee Line; from intersection of U. S. 64 and 
N. C. 294, west of Ranger, over U. S. 294 to the Tennessee Line and over an un- 
numbered highway leading from N. C. 294 to the Hiawassee Dam; from the in- 
tersection of U. S. 64 and N. C. 60, east of Ranger, over N. C. 60 via Culberson to 
the Georgia Line. 

2. From Topton over U.S. 129 via Robbinsville and Tapoco to the Tennessee 
Line, and from Tapoco over an unnumbered road to the Fontana Dam. 

3. From Waynesville over N. C. 284 to Dellwood; thence over N. C. 293 via 
Maggie to Cherokee; thence over N. C. 107 north via Smokemont to Newfound 
Gap on the Tennessee Line; from Cherokee south over N. C. 107 to its intersection 
with U. S. 19; from Cherokee west over N. C. 28 to its intersection with U. S. 19 
near Ela; from Waynesville over U. S. 276 to its intersection with N. C. 110; thence 
over N. C. 110 via Woodrow to Canton; from the intersection of U. S. 19 and N. C. 
112 over 112 to Candler; thence back to U. S. 19, west of Candler, over an unnum- 
bered road; from the intersection of U. S. 19 and an unnumbered road known as the 
"Sand Hill Road" over said road via Enka, and to the intersection of said road 
with U. S. 19 northwest of Enka. 

4. From Dillsboro over U. S. 23 to Franklin; thence over U. S. 64 via Rainbow 
Springs, Hayesville, and Brasstown to Murphy; from the intersection of U. S. 64 
and an unnumbered road leading to Young Harris, Georgia, over said road to the 
Georgia Line; from Hayesville over N. C. 69 to the Georgia Line. 

5. From Lauada on U. S. 19 over N. C. 28 via Franklin, CuUasaja, Gneiss and 
Highlands to the Georgia Line; from Franklin over U. S. 23 via Otto to the Georgia 
Line. 



I 



Decisions and Adjustments of Complaints 147 

6. From Sylva over N. C. 107 via Cullowhee, Tuckeseigee, and Cashiers to 
High Hampton. 

7. From Asheville over N, C. 191 via Avery Creek to Mills River; thence over 
N. C. 280 and U. S. 276 to Brevard; thence over U. S. 64 via Rosman, Lake Toxa- 
way, and Cashiers to Highlands; thence over N, C. 106 to the Georgia Line; from 
Rosman over U. S. 178 to the South CaroHna Line; from Brevard over U. S. 64 
to Pisgah Forest, thence over an unnumbered road to the intersection of U. S. 276 
and N. C. 280; from Avery Creek over N. C. 280 to Skyland, thence over U. S. 25 
to Asheville. 

8. From Gastonia over U. S. 321 to the South Carolina Line; from Gastonia 
over N. C. 274 to the South Carolina Line. 

9. From Charlotte over N. C. 49 to the South Carolina Line. 

Smoky Mountain Tours Company, Asheville, N. C. Franchise Certificate No. 499. 



Routes: Authority to operate as a restricted common carrier of passengers as 
set forth in Commission's Order dated May 25, 1941, in Docket No. 1967 as follows: 

From Asheville to any of the following points: Chimney Rock, Mt. Pisgah, Mt. 
Mitchell, Little Switzerland, Blowing Rock, Mitchell Game Preserve, Biltmore 
Estate, Elk Mt. Scenic Highway, Wayah Blad, Franklin, Buck Creek, High Hamp- 
ton, Highlands, Soco Gap and from points of scenic interest adjacent to Asheville 
under the following conditions: 

For scenic purposes only and not to pick up and discharge passengers enroute, 
nor charter buses where passenger transportation is the sole consideration and 
such other restrictions as may appear in Order referred to above and Chapter 136, 
Public Laws of 1927, and amendments thereto. 

Reference: Order dated August 27, 1945, reinstating service and renewing Fran- 
chise Certificate, in Docket No. 2770. 

Mrs. J. W. Snow, 432 Fairview Road, Biltmore, N. C. Franchise Certificate No. 436. 

Passenger. 

Routes: From Pack Square in Asheville, N. C, south along Biltmore Avenue, 
to Biltmore, N. C, to old Fairview Road (old state Highway No. 20) to the Farm- 
er's Federation Building and return over same route. 

F. W. Spencer, Route 1, Box 25-A, Wilmington, N. C. Franchise Certificate No. 612. 
Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle 
with passengers over the following routes: 

From Wilmington over U. S. 117 and U. S. 421 to Davis' Store where the 
Wrightsboro Road interects U. S. 117 and 421, and from Davis' Store over an un- 
numbered highway to Wrightsboro; from Wrightsboro over the Blue Clay Road 
to the intersection of the Blue Clay Road and the Castle Hayne-Hampstead Road; 
thence over the Castle Hayne-Hampstead Road to Castle Hayne; from Wrights- 
boro over the Wrightsboro- Winter Park Road to the intersection of the Gordon 
Road; thence over the Gordon Road from said intersection to the point where the 
said Gordon Road intersects U. S. 17, and return over the same routes. 

Reference: Order dated October 16, 1946. in Docket No. 3686. 



148 N. C. Utilities Commission 

Statesville Motor Coach Company, Inc., Statesville, N. C. Franchise Certifi- 
cate No. 494. 

Passenger. 

Routes: As set forth in contract between Statesville Motor Coach Company 
and Atlantic Greyhound Corporation: Between Statesville and Troutman, High- 
way No. 21; Statesville and Loray, Highway No. 90, over the streets of Statesville. 

Suburban Bus Line, H. F. Moore d/b/a, Route No. 2, High Point, N. C. Franchise 
Certificate No. 558. 

Passenger. 

Routes: From intersection of N. C. Highway No. 301 near High Point over 
N. C. Highway No. 68 to Friendship and return. 

Amended to include: From Greensboro over High Point Road U. S. 70 and 29 
to Groomtown Road; thence over Groomtown Road to Freeman Mill Road; thence 
over Freeman Mill Road to Pinecroft Road; thence over Pinecroft Road to High 
Point Road; thence over High Point Road to Greensboro. (In accordance with 
Order of the Commission dated September 29, 1944, in Docket No. 2838-A) 

Amended to include: From the junction of U. S. Highway 311 and N. C. High- 
way 68 over said Highway 68 to its junction with U. S. Highway 29; thence over 
U. S. Highway 29 to the City Limits of High Point on Lexington Avenue and re- 
turn. Reference: Order dated April 18, 1945, in Docket No. 3251. 

Suburban Transit Lines, Inc., Box 599, Winston-Salem, N. C. Franchise Cer- 
tificate No. 582. 

Passenger. 

Routes: (!) Docket No. 2600: From Winston-Salem to Bethania via Liberty 
Street and Patterson Avenue to Grant Avenue to intersection of Highway No. 52-A, 
to New Old Town School Road to the Bethania Road; thence over Bethania Road 
to destination. 

Alternate to above route, pending completion of route described in Docket No. 
2600; Winston-Salem via Cherry Street and Cherry Street Extension to Piney 
Grove Road, Old Town Road to Highway 421; thence to Highway 67; thence to 
Old Town School; thence Bethania Road to Town of Bethania. (Reference: 
Order dated October 16, 1945, Docket No. 3407.) 

(2) From Winston-Salem to Lewisville over county road. (Reference: Order 
dated October 16, 1945, Docket No. 3407.) 

Thurston Motor Lines, D. J. Thurston d/b/a, Wilson, N. C. Franchise Cer- 
tificate No. 399. 

Freight. 

Routes: 1. From Fayetteville to the Virginia Une over U. S. Highway No. 301, 
via Dunn, Smithfield, Selma, Wilson, Rocky Mount, Enfield, Weldon, Garysburg, 
and Pleasant Hill. 

a. From Godwin over N. C. Highway 82 to Erwin, thence over N. C. High- 
way 55 to Dunn. 

b. From Weldon over U. S. Highway 158 to its junction with N. C. Highway 
47 thence over said N. C. Highway 47 via Roanoke Rapids to the junction of 
said highway with U. S. Highway 301 near the Virginia Une. 

c. From Garysburg to the Virginia hne over U. S. Highway No. 158, via 
Jackson, Conway, Murfreesboro and Como. 



Decisions and Adjustments of Complaints 149 

2. From Rocky Mount to Plymouth over U. S. Highway 64 via Tarboro, Bethel 
and Williamston. 

a. From WiUiamston over U. S. Highway 17, to Washington. 

3. From Rocky Mount to New Bern over N. C. Highway 43 from Rocky Mount 
via Pinetops and Greenville to Vanceboro, thence over U. S. Highway 17 to New 
Bern. 

a. From Pinetops over N. C. Highway 42 to its junction with U. S. Highway 
301 two miles northeast of Wilson. 

b. From junction of N. C. Highway 42 and N. C. Highway 124 at a point 
about 6 miles west of Pinetops over said N. C. Highway 124 via Macclesfield 
to Crisp. 

4. From Tarboro to Jacksonville over U. S. Highway 258 via Crisp, Fountain 
Farmville, Snow Hill, Kinston and Richlands. 

a. From Snow Hill to Goldsboro over N. C. Highway 102. 

b. From junction of N. C. Highway 102 and N. C. Highway 58 at a point 2 
miles west of Snow Hill over said highway 58, via Stantonburg to Wilson. 

5. Durham to Washington over N. C. Highway 264 via Wake Forest, Zebulon 
Bailey, Wilson, Farmville, Greenville, and Chocowinity. 

a. From Wilson over N. C. Highway 58 to its junction with N. C. Highway 
95, thence over N. C. Highway 95 via Stanhope to the junction of N. C. High- 
way 581, thence over said Highway 581 to Spring Hope on U. S. Highway 64 
thence over U. S. Highway 64 to its junction with N. C. Highway 98, thence 
over said State Highway 98 via Bunn to its intersection with N. C. Highway 
264 at a point 5 miles east of Wake Forest. 

6. From Raleigh to Beaufort over U. S. Highway 70 via Smithfield, Goldsboro • 
Kinston, New Bern, and Morehead City. 

a. From junction of U. S. Highway 70 and N. C. Highway 55 at a point 6 
miles northwest of New Bern over said Highway 55 via Jasper and Fort Barn- 
well to the junction of said highway with N. C. Highway No. 11 at a point 3 
miles northeast of Kinston. 

b. From Kinston over N. C. Highway 12 via Trenton to the intersection of 
Highway 12 with U. S. Highway 17 at a point near Pollocksville. 

7. From Wilson to Wilmington over U. S. Highway 117 via Fremont, Goldsboro, 
Mount OUve, Warsaw, Wallace, and Burgaw. 

a. From junction of U. S. Highway 117 and N. C. Highway 11 near Wallace 
over said N. C. Highway 11 via Kenansville, Pink Hill, Grifton and Greenville 
to Bethel. 

8. From CUnton to Richlands over N. C. Highway 24 via Warsaw, Kenansville 
and Beulaville. 

a. From Clinton to Faison over N. C. Highway 403. 

9. From New Bern to Wilmington over U. S. Highway 17 via Pollocksville 
Belgrade, Jacksonville, and Holly Ridge, with off route service between Jackson- 
ville and the Marine Base at Camp Lejeune. 

10. From Raleigh to Lenoir over U. S. Highway 64 from Raleigh, via Gary, Pitts- 
boro, Siler City, Ashboro, Lexington and Mocksville to the junction of said high- 
way with N. C. Highway 901, thence over said N. C. Highway 901 via Harmony 
and Union Grove to its intersection with N. C. Highway 115, thence over N. C. 
Highway 115 to North Wilkesboro, thence over N. C. Highway 18 via Moravian 
Falls and Boomer to Lenoir. 



150 N. C. Utilities Commission 

Restrictions: 

1. Not to pick up shipments at Fayette ville for Dunn, or at Dunn for Fayette- 
ville. 

2. Not to operate over N. C. 82 from Godwin to Erwin and from Erwin to Dunn 
over N. C. 217 for shipments originating in Dunn or Fayetteville or points north 
of Wilson. 

3. To operate with closed doors over U, S. 64 from Spring Hope to the inter- 
section of N. C. 98. 

4. To operate with closed doors over U. S. 264 between Wilson and Zebulon. 

5. Service over Highway (US) 70 between New Bern and Beaufort Hmited to 
freight which passes through New Bern. 

6. U. S. Highway 64 between Raleigh and Asheboro reserved as a bridgeway 
between east and west, and rights over the same are not exclusive. 

Note : The foregoing rights have been leased to and are now being operated by 
Thurston Motor Lines, Inc., as per Order, dated November 29, 1944, in Docket 
3214. 

Thurston Motor Lines, Inc., Wilson, N. C. Franchise Certificate No. 597. 
Freight. 

Routes: Transportation of freight over the following routes. 

(1) Between Raleigh and Greensboro via Durham, Hillsboro, Burhngton and 
other intermediate points over U. S. Highways Nos. 70 and 70A, with alternate 
route via Graham, Chapel Hill and Nelson over U. S. No. 70 and N. C. No. 54; 
between Greensboro and High Point over U. S. Highways Nos. 70 and 29 and be- 
tween High Point and Winston-Salem over U. S. No. 311. 

(2) Between Greensboro and Fayetteville over U. S. 421 via Siler City to San- 
ford, thence over N. C. 87 via Fort Bragg to Fayetteville. 

(3) Between Durham and Henderson via Oxford and other intermediate points 
over U. S. No. 15 between Durham and Oxford and over U. S. No. 158 between 
Oxford and Henderson; between Raleigh and the North Carolina- Virginia State 
Line via Henderson and other intermediate points over U. S. No. 1, destination 
Richmond, Virginia; between Raleigh and Henderson via Rolesville, Louisburg, 
Ingleside and other intermediate points over N. C. No. 59 and N. C. No. 39. 

(4) Between NorUna, Roanoke Rapids and Weldon over U. S. No. 158. 

(5) From Raleigh to Fayetteville over U. S. 15-A from Raleigh to Lillington, 
thence over N. C. 210 to Fayetteville; from junction of U. S. 15-A and N. C. 55 at 
a point 2 miles east of Varina over N. C. 55 via Angier, Coats and Erwin to Dunn, 
thence over U. S. 301 to Fayetteville. 

(6) Between Raleigh and Rocky Mount, Highway No. 64; Zebulon to Rocky 
Mount via Wilson, Highways Nos. 95, 264 and 301; thence from Rocky Mount 
to Lawrence via Leggett, Highway No. 95, thence Highway No. 258, Lawrence to 
Rich Square via Scotland Neck; thence Rich Square, Highway No. 305 to Au- 
lander, thence Aulander to EUzabeth City over Highways Nos. 350, 97 and 158 
via the towns and cities of Ahoskie, Winton, Roduco, Gatesville and Sunbury. 
Reference: Order dated September 24, 1945, Docket No. 3232. 



Decisions and Adjustments of Complaints 151 

The Transport Corporation of Virginia, Blackstone, Va. Franchise Certificate 
No. 497. 
Freight. 

Routes: Winston-Salem, North Carolina, and the following points: 
Aberdeen, Carthage, Chadbourn, Clarkton, Durham, Fair Bluff, Fairmont, 
Fuquay Springs, Lumberton, Madison, Mount Airy, Reidsville, Sanford, Stone- 
ville. Tabor City, Varina, and Whiteville. 

Transport Corporation of Virginia, Blackstone, Va. Franchise Certificate 
No. 548. 
Feight. 

Routes: Tobacco leaf, unmanufactured tobacco scraps or stems, in sheets, bas- 
kets, hogsheads, tierces, boxes or bales and cooperage stock, tobacco baskets and to- 
bacco sheets, to be used in the manufacturing, processing, storage, marketing and 
transporting tobacco or tobacco products over irregular routes. 

Other accessories, materials, supphes and equipment used or useful in the manu- 
facturing, processing, storage, marketing and transporting tobacco or tobacco prod- 
ucts in the State of North Carolina, which the appUcant was transporting on or 
prior to January 1, 1942, or a substitute for any of said articles, over irregular 
routes to any person, firm or corporation engaged in the business of manufactur- 
ing, processing, storing, marketing or transporting tobacco. 

Tri-City Transportation Company, J. C. Gilley d/b/a, Leaksville, N. C. Fran- 
chise Certificate No. 531. 
Passenger. 

Routes: Leaksville: Five Forks to Harris Street to Washington Street to Byrd 
Avenue to Boulevard. Church Street to Spray. 

Spray: Morgan Street to Carolina Heights, return on Morgan Road then to 
Aiken Summit Road to Matthews Store. Meadow Summit Road to Junction on 
Route 770 to Draper. 

Draper: Fieldcrest Road (Business Section) to Church Street. Virginia Avenue 
to Fieldcrest Road. 700 Block to Hundley Block. Draper Graded School to 300 
Block to Fieldcrest Road. 

Amended to include (1) from CaroHna Heights, Spray, North Carohna, to Junc- 
tion of 700 and Morgan Ford Road, a distance of approximately one mile, (2) from 
North Hamilton Street, Leaksville, North Carolina, over Leaksville to Price 
Highway to El Bethel Church at a point on said road, a distance of two and one- 
half miles. Reference: Order dated April 18, 1945, in Docket No. 3253. 

Twin City Bus Service, W. T. Lee, Jr., d/b/a, Waynesville, N. C. Franchise 
Certificate No. 580. 
Passenger. 

Routes: For the transportation of passengers over the following routes: 

From Waynesville over U. S. Highways 19 and 23 to the intersection of N. C. 
Highway 209 near Lake Junaluska, thence over an unnumbered highway through 
Lake Junaluska Assembly Grounds to N. C. Highway No. 284, thence over said 
highway to Waynesville and return over same route. 

The rights herein granted do not include the right to haul passengers over U. S. 
Highways 19 and 23 that may travel from point of origin to point of destination on 
the buses of Smoky Mountain Stages, Inc., but does include the right to pick up 
and discharge passengers on portions of said highway within the corporate limits 
of Waynesville and within one mile outside thereof, 

(Reference: Order dated June 22, 1945, in Docket No. 3298.) 



152 N. C. Utilities Commission 

Twin City Lines, Inc., Route 3, Winston-Salem, N. C. Franchise Certificate 
No. 590. 

Passenger. 

Routes: Starting south on Main Street at 4th Street to 3rd Street; west on 3rd 
Street to Liberty Street, north on Liberty Street to Patterson Avenue, north on 
Patterson Avenue to Glenn Avenue, north on Glenn Avenue to City Limits; 
thence from City Limits to Ogburn Station on Route No. 311 (old road), west of 
Ogburn Station to Oak Summit and Walkertown; thence to Stanleyville over old 
Rural Hall Road to Old Hollow Road; thence Old Hollow Road to Stanleyville at 
intersection of U. S. 24. 

From Ogburn Avenue at Glenn and Chemical Avenue with Ogburn Avenue to 
one block beyond Newton Street; thence to the right with Capps Street and re- 
turn on Tise Avenue to Efird Street; thence with Efird Street to Glenn Avenue as 
outlined on map of City of Winston-Salem. (Reference: Order dated September 
20, 1945, in Docket No. 3387.) 

From the corporate limits of Winston-Salem southwardly on Holton Street 
I!xtension to the Waughtown-Clemmons Road; thence westwardly on the Waugh- 
1 own-Clemmons Road and continuing on N. C. 150; thence northeastwardly on 
N. C. 150 to Arcadia Avenue Extension. (Transferred from Certificate No. 503, 
Harry E. Nutting, and from Certificate No. 528, Kathryn N. Fulk.) 

Purchased from J. N. Brown by Bill of sale dated October 31, 1942, by virtue of 
certificate issued by the City of Winston-Salem; Beginning in the bus zone at the 
northwest corner of Fourth and Liberty streets; thence south on Liberty Street to 
Third Street, east on Third Street to Main Street, north on Main Street to Eighth 
and Liberty streets, north on Liberty Street to Patterson Avenue, north on Pat- 
terson Avenue to Fourteenth Street, east on Fourteenth Street to English Street, 
north on English Street to Sixteenth Street, east on Sixteenth Street to Liberty 
Street, north on Liberty Street to Twenty-second Street, east on Twenty-second 
Street to Cleveland Avenue, north on Cleveland Avenue to Twenty-fifth Street, 
east on Twenty-fifth Street to city limits, returning over the same route to Eighth 
and Liberty streets; thence south on Liberty Street to the point of beginning. 

From Konnoak Drive over Clemmons Road to South Boulevard railroad cross- 
ing; thence over sg-id South Boulevard to City Limits. (This addition includes 
only a few hundred yards of highway to connect up two runs for the purpose of 
running a loop instead of a turn around service, as heretofore.) Reference: Order 
dated September 20, 1945, in Docket No. 3387) 

The above transferred from Certificates Nos. 521 and 539 (Reference: Order 
dated November 1, 1945, in Docket No. 3428) 

The above transferred from Certificate No. 585. Reference: Order dated April 
16, 1946, in Docket No. 3579. 

Virginia Dare Transportation Company, Inc., Manteo, N. C. Franchise Cer- 
tificate No. 342. 

Passenger. 

Routes: Transportation of passengers and their baggage in the same vehicle 
with passengers over the following routes. 

From Manteo over N. C. 345 to Wanchese; from the intersection of N. C. 345 
and U. S. 158 on Roanoke Island over U. S. 158 via Nags Head, Kill Devil Hill, 
Bertha, Barco and Belcross to EHzabeth City, and from Belcross over N. C. 170 
to Sligo, thence over N. C. 34 to Barco. 



Decisions and Adjustments of Complaints 153 

Virginia Dare Transportation Company, Inc., Manteo, N, C. Franchise Cer- 
tificate No. 342-A. 
Freight. 

Routes: Transportation of general commodities over the following routes: 
From Manteo via Manns Harbor to Stumpy Point, and from Manteo over N. C. 
345 to Wanchese; from the intersection of N. C. 345 and U. S. 158 on Roanoke 
Island over U. S. 158 via Nags Head, Kill Devil Hill, Bertha, Barco, and Belcross 
to Ehzabeth City, and from Eelcross over N. C. 170 via Sligo and Moyock to the 
Virginia Line, and from Sligo over N. C. 34 to Barco. 

Virginia Stage Lines, Inc., Charlottesville, Va. Franchise Certificate No. 409. 
Passenger. 

Routes: 1. From Virginia-North Carolina State Line over N. C. Highway No. 
86 via Purley to Yancey ville; thence via Highway No. 62 to the intersection of 
N. C. Highway No. 62 and N. C. Highway No. 49; thence via N. C. Highway No. 
49 to the intersection of N. C. Highway No. 49 and U. S. Highway No. 70; thence 
over U. S. No. 70 via Haw River to Burlington and return over same routes. 

2. From Virginia-North Carolina State Line over U. S. Highway No. 501 via 
Longhurst, Roxboro to Durham and return over the same routes. 

3. From Virginia-North Carolina State Line over N. C. Highway No. 57 via 
Milton and Semora to Roxboro, and return over same routes. 

4. From Yanceyville to Milton over N. C. Highway No. 62 and return over same 
routes. (Virginia Stage Lines, Inc., requested the abandonment of its operation 
on N. C. Highway No. 62, between Milton and Yanceyville as of December 1, 
1937, which request was granted.) 

5. From Yanceyville to Roxboro via Leasburg over U. S. Highway No. 158 and 
return over the same routes. 

From Hillsboro over N. C. Highway 86 via Prospect Hill to the intersection of 
said highway with U. S. Highway 158; from Yanceyville to Reidsville over LT. S. 
Highway 158 via Locust Hill and return over same routes. 

Reference: Order dated April 23, 1943, in Docket No. 2832. 

Note: By operating agreement between Virginia Stage Lines, Inc., and Caro- 
lina Coach Company, entered into at the time of the hearing in Docket No. 2832, 
Virginia Stage Lines is authorized to operate certain of its schedules between 
Hillsboro and Durham and between Durham and Chapel Hill over franchise routes 
of Carolina Coach Company. 

From the intersection of an unnumbered county road with U. S. Highway 258 
over said unnumbered county highway via Quick, Blackwell, and Park Springs to 
the intersection of said unnumbered road with N. C. Highway 86 at a point near 
Providence School and return. 
Reference: Order dated November 9, 1945, in Docket No. 3325. 

Wallace Bus Company, H. L. Johnson, Owner, Wallace, N. C. Franchise Cer- 
tificate No. 577. 
Passenger. 

Routes: To transport passengers, their baggage, mail and light express as follows: 
From Chinquapin, N. C. to Harrell's Store, N. C, by way of Tin City and Wal- 
lace, N. C, over N. C. Highway No. 41 from Chinquapin to a point about ^ mile 
south of Harrell's Store where said highway intersects with U. S. Highway No. 
421; thence to Harrell's Store over said U. S. Highway No. 421; and return over 
same route. 

(See Commission's order dated April 10, 1945, in Docket No. 3280). 



154 N. C. Utilities Commission 

W. B. & S. Bus Lines, Inc., Murchisoa Building, Wilmington, N. C. Franchise 
Certificate No. 556. 

Passenger. 

Routes: To transport passengers and their baggage in the same vehicle with 
passengers over the following routes: 

From Wilmington over U. S. Highway No. 17 via Bolivia, Supply and ShaUotte 
to Grissettown; thence from Grissettown over an unnumbered highway to Ashe 
on N. C. Highway No. 130; from ShaUotte to White ville via Ashe and Old Dock 
over N. C. Highway No. 130; from Supply to Southport over N. C. Highway No. 
130; from the intersection of N. C. Highway No. 130 and an unnumbered highway 
at a point approximately two miles northwest of Southport over said unnumbered 
highway to Long Beach and Fort Caswell; from Southport over the Old River 
Road via Orton Plantation to the intersection of said road with U. S. Highway No. 
17 near Wilmington; and return over same routes. 

Note: The operation over the unnumbered road to Long Beach and Fort Cas- 
well is for seasonal service only. 

Note: Service between Southport and Wilmington over Old River Road via 
Orton Plantation temporarily suspended pending improvement of road. 

A. A. White, Bladenboro, N. C. Franchise Certificate No. 588. 
Passenger. 

Routes: From Tabor City over U. S. Highway No. 701, a distance of approxi- 
mately two miles, to the intersection of said highway with N. C. Highway No. 
410; thence over said highway No. 410 via Chadbourn to Bladenboro; thence over 
N. C. Highway No. 242 to its intersection with U. S. Highway No. 701 about two 
miles south of Elizabethtown. 

The holder is authorized to operate between the junction of N. C. Highway No. 
242 and U. S. Highway No. 701 to Elizabethtown, a distance of two miles, under 
lease agreement with Queen City Coach Company. 

Reference: Order dated February 7, 1946, Docket No. 3452. 

White Transportation Company, Inc., Asheville, N. C. Franchise Certificate No. 
606. 

Passenger. 

Routes: Transportation of passengers over the streets of the City of Asheville, 
subject to the right of the municipal authorities of Asheville to designate such 
schedules, routes, stops and such other necessary poHce regulations as it may deem 
necessary to promote safety of operation and to relieve the congestion on the 
streets. 

Over such streets and highways outside the city hmits and within one mile 
thereof as may be approved by the Commission and by the City of Asheville. 

Reference: Order dated August 19, 1946, in Docket No. 3716. 

J. W. Wilder Transfer, Mrs. F. G. Wilder d/b/a, 1013 McCormick Street, Greens- 
boro, N. C. Franchise Certificate No. 500. 

Freight. 

Routes: Between Greensboro and points and places within a radius of seven 
miles of Greensboro for pickup and delivery and distribution of general commod- 
ities. 



Decisions and Adjustments of Complaints 155 

Wilkes Transportation Company, Incorporated, 304 Tenth Street, North 
Wilkesboro, N. C. Franchise Certificate No. 461. 

Passenger. 

Routes: In the City of Wilkesboro over Tenth Street and D; Ninth Street and 
C. B, and Sixth Street; Fourth and F to Corporate Limits; Main Street through 
the Town of Wilkesboro and over Highway 421 and 16 to Millers Creek, six miles; 
Highway 18 to Fairplane, 2 miles; Highways 16 and 18 to Moravian Falls, five 
miles; Highway 421 E to Wilkesboro 2 miles. 

Amended to include rights between North Wilkesboro and Oak Woods over 
Highway designated as Highway A. (By Order issued November 7, 1941, in 
Docket No. 1763) 

Amended to include rights from Moravian Falls to Boomer via State Highway 
18 and return, and from Moravian Falls to a point three miles there from near 
Pore's Knob via State Highway No. 16 and return, subject to the following re- 
strictions: (a) applicant not to operate over said routes scheduled trips within one 
hour of the scheduled trips of the Atlantic Greyhound Corporation; provided, 
however, that should the Atlantic Greyhound Corporation present schedules over 
said routes be changed, the applicant's trips, necessary to transport laborers and 
employees to the business houses, plants and factories at North Wilkesboro, as 
times required to go to work and to leave work, will not be disturbed: (b) The 
franchise granted shall terminate at the end of the emergency. (By Order dated 
April 3, 1942, in Docket No. 2506.) 

Amended to include rights from Wilkes County Line to Wilkesboro over High- 
way 268, thence to North Wilkesboro over Highways 268, 16 and 421. (By Order 
dated August 17, 1942, in Docket No. 2533 and Order dated September 5, 1942, in 
same Docket number.) 

Amended to include rights from Miller's Creek to Parsonville via Purlear over 
old N. C. Highway 60 and return, (By Order dated September 14, 1942, in Docket 
No. 2505.) 

Winston-Elkin Motor Express, V. L. Renegar, Owner, Elkin, N. C. Franchise 
Certificate No. 234. 

Freight. 

Routes: From Winston-Salem to Elkin over N, C. Highway No. 67 via East 
Bend and Boonville; from Winston-Salem to Brooks Cross Roads via Yadkinville 
over U. S. Highway No. 421; from Yadinville to Boonville over U. S. Highway 
No. 601; from Brooks Cross Roads to Elkin over U. S. Highway No. 21, with the 
right to perform seasonal service over U. S. Highway No. 21 between Elkin and 
Roaring Gap. 

Yancey Bus Company, Edward Carl Riddle and Jack Riddle d/b/a, Burnsville, 
N, C. Franchise Certificate No. 591. 
Passenger. 

Routes: Transportation of passengers and their baggage over the following 
Routes : 

Between Burnsville and Micaville over U, S. Highway 19-E between Micaville 
and Garden City over N. C. Highway 80; thence with closed doors between Garden 
City and Marion over U. S. Highway 70, and return over same routes. 

Reference: Order dated March 25, 1946, in Docket No. 3473. 



156 N, C. Utilities Commission 

From Marion over N. C. 26 to the intersection of N. C. 26 and 64-A via Dysart- 
ville; from Burnsville over 19-E to the intersection of Highway 197 at Riverside 
thence over Highway 197 via Day Book and Green Mountain to Red Hill, and 
return over the same route; and from Burnsville to Green Mountain via an un- 
numbered dirt road which intersects State Highway 19-E about one mile East of 
Burnsville, and following said dirt road by way of Mine Fork Creek, Bailey Hill 
and Pig Pen Creek to Green Mountain, and return over the same route. 

Reference: Order dated July 8, 1946, in Docket No. 3627. 

LICENSED AS RESTRICTED INTRASTATE FREIGHT OPERATORS: 

Certificate 
No. 

1004 Allen's Transfer Company, J. R. Allen d/b/a, Louisburg, N. C. 

1019 Barnes Truck Line, Box 999, Wilson, N. C. 

1032 Blair Transit Company, John D. Blair, Jr., d/b/a, Richmond, Va. 

1008 Branch's Transfer, Henry Gordon Branch d/b/a, Lumberton, N. C. 
1018 Britt Transportation Company, C. L. Britt, d/b/a. Rocky Mount, N. C. 

1006 Burton Lines, Inc., Reidsville, N. C. 

1022 Clayton, H. V., Prospect Hill, N. C. 

1012 Clay's Transfer Company, Rocky Mount, N. C. 

1007 Collins Transfer & Storage Company, Lumberton, N. C. 

1031 Edmac Trucking Company, E. W. McLeod, Jr., d/b/a, Fayetteville, N.C. 

1013 Forbes Transfer Company, Wilson, N. C. 
1010 M. C. Garner Truck Lines, Raleigh, N. C. 

1001 Hardy's Transfer, J. W. Hardy d/b/a, Farmville, N. C. 

1029 Hill's Truck Line, James W. Hill & Albert E. Hill d/b/a, Murfreesboro, 
N. C. 

1014 HofRer & Boney Transfer Company, Inc., Wallace, N. C. 

1023 Jones Transfer, Wilbur Jones d/b/a Fairmont, N. C. 
1028 Lorbacher, J. L., 112 S. Maple Street, Durham, N. C. 

1002 H. W. Miller Transfer, Durham, N. C. 

1027 Nixon Brothers, Mark A. Nixon, Isham G. Nixon & W. E. Nixon, d/b/a, 
Smithfield, N. C. 

1009 North State Motor Lines, Inc., P. O. Box 353, Rocky Mount, N. C. 
1021 Nunn's Transfer, F. O. Nunn d/b/a, 502 Greene Street, Greenville, N. C. 
1026 Pinnell, J. K., Warrenton, N. C. 

1024 Renfro Transport Company, J. O. Renfro t/a, Wendell, N. C. 
1000 Smith's Transfer, G. W. Smith d/b/a, Wilson, N. C. 

1003 Sprinkle & Allen Transfer Company, Inc., Louisburg, N. C. 

1020 Tayloe & Evans, Inc., Ahoskie, N. C. 

1005 Vance Trucking Company, Inc., Henderson, N. C. 

1030 White & Swann Trucking Company, J. A. White & A. D. Swann t/a. Star 
Route, Yanceyville, N. C. 

1025 Wilson, R. W., P. O. Box 74, Yanceyville, N. C. 



Decisions and Adjustments of Complaints 157 

ORDERS 

IN THE MATTEI^ OF TRANSPORTATION OF PROPERTY BY MOTOR 
VEHICLE CARRIERS UNDER PROVISIONS OF HOUSE RESOLUTION 
NO. 912, ADOPTED AT THE 1945 SESSION IN THE GENERAL ASSEM- 
BLE. 

Whereas, a joint resolution, designated as H. R. No. 912, was adopted at the 
1945 Session of the General Assembly, providing for the appointment of a commission 
to study the needs and facilities for the transportation of property by motor vehicle 
and for a report by said commission of its findings, conclusions and recommendations 
to the Governor for consideration at the 1947 Session of the General Assembly, a 
copy of which said resolution is hereto attached; and 

Whereas, it is the express purpose of the Legislature, as set out in said resolution, 
". . . that pending such study and recommendations, the service now and heretofore 
rendered during the war emergency by non-franchise carriers of property be permit- 
ted to continue without franchise certificates therefor under such rules and regula- 
tions as the Utilities Commission may find necessary to meet emergencies and pre- 
serve the services and rights of existing carriers, . . ."; and 

Whereas, it is the duty of the Utilities Commission to fully and faithfully carry 
out the purpose of the Legislature, as hereinabove set out, to determine the nature 
and extent to which carriers are now and have been engaged in intrastate operations 
during the war emergency, and to protect all existing carriers in the continuation of 
their respective operations and services, irrespective of franchise certificates; and to 
that end 

It Is Ordered: 

1. That all motor vehicle carriers of property engaged in intrastate service, which 
do not hold intrastate franchise certificates therefor, shall within forty-five (45) days 
after receipt of a copy of this order file with the Utilities Commission, Raleigh, North 
Carolina, a report containing the following information: 

(a) A complete list of all rolling equipment used in intrastate transportation 
of property, giving the North Carolina tag number, the year, make, description, 
whether straight truck, open or van type, tractor trailer or special equipment, and 
the carrying capacity of each unit. 

(b) 1. The date when the carrier began intrastate operations. 2. The number 
of trucks used in intrastata operations each year since 1942. 3. The number of 
trucks now used exclusively in interstate operations, if any. 4. The amount of the 
carrier's present monthly gasoline allowance, with an estimate of the amount 
used per month in intrastate operations. 5. A copy of the carrier's interstate oper- 
ating authority, if any. 

(c) A report of each intrastate shipment transported during the calender months 
of March, 1944, and January, 1945, which said monthly reports shall be set up 
separately and shall give all the following information: Date of each shipment, 
waybill number or other identification number, point of origin, point of destina- 
tion, general description of the commodity hauled, weight and revenue, which 
said monthly reports shall be made under oath by the carrier and shall be set up in 
the following form: 

Report of Intrastate Shipments for Month of 191 

By: . 



Name of Carrier Address 



158 N. C. Utilities Commission 

TO THE NORTH CAROLINA UTILITIES COMMISSION, RALEIGH, N. C. 
Date W/B No. Origin Destination Commodity Weight Revenue 

1 35124 High Point Carthage Furniture 4800 $ 



1 


35876 


Greensboro 


Hickory 


Drugs 


325 


$ 


2 


35896 


Charlotte 


Monroe 


Auto Parts 


950 


$ 



(Continue on as many pages as necessary, use letter size paper, and make 
the following affidavit at bottom of last page:) 

This certifies that the foregoing is a full, complete and true report of all intrastate 
shipments handled by the above named carrier for compensation during the month 
named. Said report does not include shipments made on bills of lading of other car- 
riers or shipments made for other carriers under lease agreements. 

(S) 

(Indicate official position) 
Sworn to and subscribed before me 
This day of , 194 



Notary PubUc 

2. That each carrier may at his option include like reports of intrastate shipments 
handled during any or all months of 1942, 1943 and 1944, which in the judgment of 
the carrier will aid the Commission in determining the nature and extent of continuous 
operations during the war period. 

3. That in addition to the foregoing monthly reports of past operations, all non- 
franchise carriers shall file with the Commission on or before the 10th of each month 
from and after June, 1945, a report of all intrastate shipments transported during 
the preceding calendar month, the first such report to be made on or before the 10th 
day of July, 1945, for all intrastate shipments handled for the month of June, 1945, 
which said monthly reports shall be made in the form and shall contain the informa- 
tion required in sub-paragraph (c) above. Such monthly reports shall be continued 
until further notice from the Commission in writing. 

4. That all carriers shall preserve their original records of all intrastate shipments 
handled during the war period, and particularly their original records of all shipments 
reported to the Commission under this order, and shall have the same available and 
in order at the carrier's principal place of business in North Carolina, so that said 
records may be inspected by the Commission at any time. 

5. That failure on the part of any carrier receiving a copy of this order to comply 
with the same in good faith and within the time herein limited, except for good cause 
shown, or failure on the part of any carrier to hereafter operate within reasonable 
limits of "the service now and heretofore rendered during the war emergency," will 
be deemed a waiver of the right of such carrier to continue operations without an 
intrastate franchise certificate therefor. 

6. That with the exception of LOCAL CARRIERS OPERATING ONLY 
WITHIN CITIES AND TOWNS, this order shall apply: 

(a) To all motor vehicle carriers of property for compensation, both intrastate 
and interstate, who are engaged in intrastate business in North Carolina, and who 
do not hold intrastate franchise certificates therefor issued by the North Carolina 
Utihties Commission, but reports of interstate shipments are neither required 
nor desired. 



Decisions and Adjustments of Complaints 159 

(b) To all intrastate franchise carriers of property, but only as to intrastate 
shipments which such carriers are not authorized to transport under their respec- 
tive intrastate franchise certificates, and as to such shipments said carriers shall 
file reports with the Commission as herein required of other carriers for the months 
of March, 1944, and January, 1945, with the option to include reports for any or 
all months of 1942, 1943 or 1944, and shall likewise from and after June, 1945, file 
monthly reports with the Commission of all intrastate shipments handled which 
are not authorized under their respective intrastate franchise certificates, but 
reports of shipments authorized under such franchise certificates are neither re- 
quired nor desired. 

7. That this cause be retained for such further General Orders or Special Orders 
with respect to individual carriers as the Commission may find necessary to carry 
out the purpose of the aforesaid resolution of the General Assembly. 

8. That a copy of this order be served on all intrastate motor vehicle carriers of 
property by registered mail with a return receipt requested, local carriers operating 
only within cities and towns excepted. 

Issued by Order of the Commission. 

This the 30th day of March, 1945. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3296. 

H. R. 912 RESOLUTION 34 

A JOINT RESOLUTION PROVIDING FOR APPOINTMENT OF COMMIS- 
SION TO STUDY THE NEEDS AND FACILITIES FOR MOTOR VEHICLE 
TRANSPORTATION OF PROPERTY AND TO RECOMMEND APPRO- 
PRIATE LEGISLATION TO THE GOVERNOR FOR CONSIDERATION 
AT THE 1947 SESSION OF THE GENERAL ASSEMBLY. 

Whereas, certain legislation relating to the granting of franchises to a large num- 
ber of carriers of property has been proposed and considered, the propriety of which 
under abnormal conditions now existing cannot be determined satisfactorily upon 
the facts and within the time available at the present Session of the General Assembly 
and 

Whereas, it is the consensus of opinion that a commission should be appointed 
by the Governor of North Carolina to study the present and prospective needs for 
motor vehicle transportation of property in the State, the facilities of existing fran- 
chise and non-franchise carriers, the adequacy and efficiency of existing service, the 
adequacy of existing laws and regulations with respect thereto, and file a report with 
the Governor prior to the convening of the next Session of the General Assembly with 
recommendations for such legislation as said commission may find necessary and ap- 
propriate to preserve and promote motor carrier service throughout the State, and 
that pending such study and recommendations, the service now and heretofore ren- 
dered during the war emergency by non-franchise carriers of property be permitted 
to continue without franchise certificates therefor under such rules and regulations 
as the Utilities Commission may find necessary to meet emergencies and preserve 
the services and rights of existing carriers, and that pending the present war emer- 
gency and the increase and complexity of matters handled by the UtiUties Commis- 
sion incident thereto, the said Commission be given such additional help as the Gov- 



160 N. C. Utilities Commission 

ernor may find necessary : Now, therefore, he it resolved h'y the House of Representatives, 
the Senate concurring: 

SECTION 1. That the Governor of the State of North Carolina be, and he is 
hereby, empowered and directed to appoint a commission composed of five members, 
whose duty shall be to assemble facts and make a study of present and prospective 
needs for motor vehicle transportation of property in North Carolina, the extent to 
which existing franchise carriers are now or may hereafter adequately and efiiciently 
meet the transportation needs of the State, their facilities and policies for providing a 
statewide transportation system that will meet public demands and needs, the need 
for additional franchise carriers of the same type over the main arterial highways of 
the State and between the larger manufacturing and industrial centers, the need for 
additional types or classes of transportation service over regular or irregular routes, 
the service and facilities of public carriers now operating in the State without fran- 
chise certificates, the pubUc demand and need for such service and the need for regu- 
lation with respect thereto, the cost and delay in hearing applications before the Util- 
ities Commission, and such other facts as said commission so appointed may find 
pertinent and helpful to consider, and to that end it shall have power to demand such 
reports, books, and records of franchise and non-franchise public carriers as it may 
require, together with the right to subpoena and examine their officers, agents, serv- 
ants, and employees with respect thereto. 

SEC. 2. That said commission shall file a report of its findings, conclusions, and 
recommendations, together with appropriate proposals for legislation to carry out 
such recommendations, with the Governor of the State of North Carolina not later 
than 30 days prior to the convening of the Session of the General Assembly of one 
thousand nine hundred forty-seven. 

SEC. 3. That the members of the commission shall be paid seven dollars ($7.00) 
per day and such necessary travel allowance and expenses as may be approved dy the 
Director of the Budget for their services. 

SEC. 4. That this resolution shall be in full force and effect from and after its 
ratification. 

SEC. 5. In the General Assembly read three times and ratified, this the 20th day 
of March, 1945. 

Docket No. 3296. Suspension Order 

INCREASED RATES FOR INTRASTATE TRANSPORTATION OF COTTON 
AND KNITTING FACTORY PRODUCTS VIA MOTOR CARRIERS 

It Appearing, That there has been filed with the Utilities Commission a tariff 
containing schedules stating new individual and joint rates and charges, and new 
individual and joint regulations and practices affecting such rates and charges to 
become effective on December 23, 1944, designated as follows: 

Motor Carrier Traffic Association, Tariff Bureau, R. S. Cooper, Agent 
Supplement No. 8 to N. C. U. C. No. 15 — Cancellation of Index 10, page 6 thereof, 
only. 

It Is Ordered, That the Commission upon complaint, without formal pleading, 
enter upon a hearing concerning the lawfulness of the rates, charges, regulations and 
practices stated in said schedules contained in said tariff. 

It Further Appearing, That said schedules make certain increases in the rates 
and charges applicable to the transportation of cotton and knitting factory products, 



Decisions and Adjustments of Complaints 161 

as described therein via motor carrier, in intrastate traffic in North Carohna and the 
rights and interests of the pubHc appearing to be injuriously affected thereby, and it 
being the opinion of the Commission that the effective date of the said schedules 
contained in said tariff be postponed pending said hearing and decision thereon. 

It Is Further Ordered, That the operation of said schedules contained in said 
tariff be suspended, and that the use of the rates, charges, regulations and practices 
therein stated be deferred until the 23rd day of March, 1945, unless otherwise ordered 
by the Commission, and no change shall be made in such rates charges, regulations 
and practices during the said period of suspension unless authorized by special per- 
mission of the Commission. 

It Is Further Ordered, That if this proceeding is not concluded and the final 
order made prior to the date to which suspended in the next above ordering para- 
graph, the operation of the schedules contained in said tariff which on that date have 
not been affected by vacating orders or which have not been cancelled under authority 
of special permission of the Commission, be further suspended and that the rates, 
charges, regulations and practices so suspended be further deferred until the 21st day 
of June, 1945, unless otherwise ordered by the Commission, and no change shall be 
made in the rates, charges, regulations and practices so suspended unless authorized 
by special permission of the Commission. 

It Is Further Ordered, That the rates, charges, regulations and practices thereby 
sought to be altered shall not be changed by any subsequent tariff or schedule until 
this investigation and suspension proceeding has been disposed of or until the period 
of suspension or any extension thereof has expired, unless authorized by the Commis- 
sion. 

It Is Furthered Ordered, That a copy of this order be filed with said schedules 
in the office of the Commission, and that a copy hereof be forthwith served upon 
carriers' agent and that said carriers party to said schedules be, and they are hereby 
made respondents to the proceeding, and 

It Is Further Ordered, That this matter be assigned for hearing at the Com- 
mission's Hearing Room in Raleigh, N. C. on the 5th day of February, 1945, at 10:30 
o'clock, A. M. 

By Order of the Commission. 
This 21st day of December, 1944. 

Charles Z. Flack, Chief Clerk. 
Docket No. 3222. 

Order 

IN THE MATTER OF INCREASED RATES FOR INTRASTATE TRANS- 
PORTATION OF COTTON AND KNITTING FACTORY PRODUCTS VIA 
MOTOR CARRIERS 

Appearances: 

R. S. Cooper, T. Glenn Miller, Jr., R. A. Stevens, J. E. Bullock, and Troy E. 
Lewis for Respondents. 

W. S. Creighton, Carl R. Cunningham, L. O. Kimberly, Jr., Charles W. Strick- 
land, Paul H. Johansen, C. F. Bauserman, M. D. Miller and Eugene Szepesic, for 
Protestants. ^ 

By schedules filed to become effective December 23, 1944, motor common carriers, 
members of the Motor Carriers Traffic Association, hereinafter referred to as respon- 
dents, proposed cancellation of the following mileage commodity rates and their 
governing description: 
11 



162 



N. C. Utilities Commission 



Section 2 
(For application, see Page 92) 

Commodity Rates 
Index 10 ^^^ cents per hundred pounds) 

Cotton And Knitting Factory Products, Viz : 

Cotton Factory Products, in the original piece, made wholly of cotton, in bales, 
Owners' Risk of Chafing, or packed in rolls covered with burlap, or in boxes, viz. : 
Backhands made of cotton webbing. Calicos, Cambrics, glazed; Chevoits, domes- 
tic; Cotton Flannels, plain or dyed; Canvas, Cottonades, Checks, domestic; Cot- 
ton Bags, Cotton Bagging (including brown cotton baggine). Cotton Bath Mats, 
Cotton Towels, Cotton Waste, Crash, linen or cotton; Denims, Drills, Duck, Ging- 
hams, Osnaburgs, Plaids, Rope, Sack Material, Sheeetings, bleached or brown; 
Shirting, Silesia, Strips, domestic; Teasle Cloth, Tickings, Twine, Warp, Webbing, 
backhand; Wicking. 

Yarn, cotton, on beams, wrapped, Owners' Risk of damage to beam heads, and 
so stated in bill of lading. 

Yarn, cotton, in bales or boxes or on beams wrapped and in boxes or crates. 

Felts, cotton (not batting), in bales. 

Hosiery, cotton. 

Knitting Factory Products, made wholly of cotton, in bales. Owners' Risk of 
Chafing, or in boxes when specific name of article and shippers' name are plainly 
marked on outside of package and stated in bill of lading. Twine, Jute, packed. 



Rate Basis 
Numbers 



Rate Basis 
Numbers 



Rate Basis 
Numbers 



(as shown Single Joint (as shown Single Joint (as shown Single Joint 

on pages Line Line on pages Line Line on pages Line Line 

60 to 86 inc.) 60 to 86 inc.) 60 to 86 inc.) 

*Not Over Rate *Not Over Rate *Not Over Rate 



10 


15 


18 


100 


34 


36 


300 


54 


54 


15 


17 


20 


110 


35 


36 


320 


55 


55 


20 


18 


21 


120 


36 


39 


340 


57 


57 


25 


20 


23 


130 


37 


39 


360 


59 


59 


30 


21 


24 


140 


39 


40 


380 


61 


61 


35 


23 


26 


150 


40 


40 


400 


63 


63 


40 


24 


27 


160 


42 


42 


420 


64 


64 


45 


24 


27 


170 


42 


46 


440 


65 


65 


50 


26 


29 


180 


43 


46 


460 


66 


66 


55 


27 


30 


190 


46 


49 


480 


68 


68 


60 


27 


30 


200 


47 


51 


500 


69 


69 


65 


29 


32 


210 


47 


51 


520 


70 


70 


70 


29 


32 


220 


49 


52 


540 


72 


72 


75 


30 


34 


230 


49 


52 


560 


73 


73 


80 


31 


34 


240 


49 


52 


580 


75 


75 


85 


32 


35 


250 


49 


52 


600 


76 


76 


90 


32 


35 


260 


51 


52 


620 


77 


77 


95 


33 


35 


280 


52 


54 









* For any figure not listed above, use nearest greater figure that is listed, 
other references, see Page 3. 



For 



Decisions and Adjustments of Complaints 163 

Said rates and description are contained in Section 2 of a sectional plan tariff in 
which Section 1 contains class and percentage column rates on many of the commod- 
ities listed in the foregoing description by virtue of certain items in the nature of 
exceptions to items contained in the National Motor Freight Classification. Under 
accepted tariff interpretation the mileage commodity rates hereinbefore set forth 
would remove the application of class rates in Section 1 of the tariff. However, the 
following provisions are published in connection with the mileage commodity rates in 
Section 2. 

Section 2 

If the charge accruing under Sections 1 or 3 of this Tariff, according to their ap- 
plication, is lower than the charge accruing under this Section, on the same shipment, 
the charge accruing under Sections 1 or 3 according to their apphcation, will apply. 
Under the circumstances it appears that the proposed cancellation could only re- 
sult in increased rates. Upon protest by certain shippers and shipper organizations 
the operation of said schedules was suspended until the 21st day of June, 1945. The 
Price Administrator opposed the proposed cancellation, upon the grounds that the 
proposed increased rates would tend to disrupt the present program of rolling back 
prices on clothing and articles manufactured from the commodities here involved. 

The matter was set and came on for hearing before the Commission in its hearing 
room at Raleigh, N. C. on the 5th day of February, 1945. 

In justification of the proposed cancellation witness Cooper for respondents as- 
serted that: "The tariff has resulted in various claims of a highly controversial na- 
ture being filed by shippers, which has been quite expensive to the franchise carriers 
from a labor stand point, especially so due to the ambigious description shown un- 
der . . . Index 10," but no evidence was offered in support of said assertion. Witness 
Kimberly for a protestant shipper organization whose members operate 205 textile 
mills in North CaroUna engaged in the manufacture of cotton and knitting factory 
products, testified to the fact that over a period of approximately twenty years he had 
had no great difficulty in determining exactly what the tariff does mean. 

The ambiguity referred to by the witness for respondents appears to result from 
the phrase "in the original piece" in the description hereinbefore set forth. He stated 
that cotton webbing, cotton bath mats, cotton towels, cotton waste and possibly 
other items could not in the least be considered as cotton factory products in the 
original piece, and it further appears that this statement is generally accepted to be 
correct. However, there appear to be no terminology in the description which 
specifically precludes the apphcation of the rates on finished articles such as webbing, 
mats and towels, which are specifically enumerated in the description. Whatever 
ambiguity may be contained in the description hereinbefore set forth may be re- 
moved without any resulting increase or decrease in rates, for example: by the 
transfer of the phrase "in the original piece" to a place in the description where it 
will plainly modify only the names of such textile products as are usually shipped in 
the original piece, and by setting out the finished articles in a separate place under 
the heading. However, the precise method of clarifying the description is left to and 
expected of the respondents. 

The principal witness for respondents also asserted that the proposed cancellation 
will enable respondents to secure additional revenue which is badly needed, and in 
support of the statement referred to quarterly reports filed with the Commission. 
The reports referred to do not contain sufficiently detailed items of revenues and 
expenses to enable the Commission to determine what portion of any alleged revenue 
deficit might be assignable solely to the particular kind of traffic here involved. The 
respondents presented no evidence to show that the traffic here involved is not pro- 



164 N. C. Utilities Commission 

ducing profitable revenue, as might be expected of them under the "burden-of-proof" 
clause in General Statute 62-125. 

Witnesses for protestants showed that the schedule here under suspension if al- 
lowed to become effective would result in increases ranging from 2 to 47c per 100 
pounds, and that many of the resulting rates would be higher than similar intrastate 
rates in South Carolina, Alabama and Georgia. Protestants also showed that the 
proposed increases in rates on finished cotton piece goods from Concord, N. C. to 
twenty-six representative destinations in North Carolina would range from 2 to 20 
per cent; and that the proposed increases in rates on cotton towels from Kannapolis 
to the same representative points would range from 13 to 57 per cent. 

Upon the record the Commission finds the proposed schedules, which are under 
suspension in this proceeding, not justified; therefore 

It Is Ordered, That respondents be and they are hereby notified and required to 
cancel said schedule on or before June 21, 1945, and that this proceeding be discon- 
tinued. 

This 19th day of June, 1945. 

Stanley Winborne, Chairman 
R. G. Johnson, Commissioner 
Fred C. Hunter, Commissioner. 
Docket No. 3222. 

RATES BY MOTOR VEHICLE CARRIERS FOR TRANSPORTATION OF 

COTTON. 

Order 

It appearing that the second ordering paragraph of the order in these proceedings, 

dated August 28, 1944, reading as follows: 

*Tt Is Further Ordered, That on and after August 28, 1944, all motor ve- 
hicle carriers (except franchised carriers of general commodities over fixed routes) 
engaged in the transportation of cotton, between cities and towns within the 
State and over the public highways of the State, be and the same hereby are 
required to charge for said transportation the precise rates published and set out 
in N. C. U. C. No. 12, Local Motor Freight Tariff No. 7-A, issued by Norrh 
Carolina Truck Owners Association, Inc." 

requires the assessment of precise rates set forth in the tariff cited. 

It further appearing that from time to time there arises need for adjusting said 
rates to meet varying conditions, in the orderly manner required by law and the Com- 
mission's tariff rules. 

Upon consideration of these circumstances the Commission has concluded that the 
above ordering paragraph should be amended so as to permit said rate adjustments. 
Accordingly, 

It Is Ordered, That the following phrase be added after the last word (Inc.) in 
the second ordering paragraph in the order in these proceedings dated August 28. 
1944: • 

".amendments thereto and reissues thereof." 

By Order of the Commission, 
This 2nd day of September, 1946. 

Charles Z. Flack. Chief Clerk. 
Docket No. 2355(c). 



Decisions and Adjustments of Complaints 165 

APPLICATION OF REGULAR ROUTE INTRASTATE MOTOR CARRIERS 
OF PROPERTY FOR GENERAL INCREASE IN RATES, 

. Order 

Appearances: 

I. M. Bailey, R. S. Cooper, for applicant carriers. 

R. L. Askea, for East Carolina Shippers Association, C. F. Bauserman, for P. H. 
Hanes Knitting Company, N. B. Correll, for North Carolina Traffic League and 
R. J. Reynolds Tobacco Company, W. S. Creighton, for Charlotte Shippers and 
Manufacturers Association, Inc., and North Carolina Traffic League, Inc., 
L. 0. Kimherly, Jr., for North Carolina Cotton Manufacturers Association, 
Charles W. Strickland, for Proximity Manufacturing Company, Cone Mills, and 
Greensboro Chamber of Commerce, /. L. Wright, for Odell Hardware Company, 
Protestants. 

Fred D. Binkley, for the Price Administrator and the Economic Stablization 
Director, Harry W. Garis, for the Office of Price Administratoin, Intervenors. 
John H. Andrews, for Southern Railway Company. 

By petition filed November 13, 1945, the Motor Carriers listed in the appendix, 
participants in Agent R. S. Cooper's Intrastate Tariff 1-B, N. C. U. C. No. 15, seek 
authority to increase their present rates and charges to the extent shown below. The 
matter was docketed and came on for hearing before Commissioners Hunter and 
Johnson, November 30, 1945, with appearances as noted above. 

(a) A straight 10% increase to be applied on all rates enumerated in above tariff. 

(b) The present minimum charge to be increased from 65c to 75c. 

(c) Storage charges under Rule 75 to R. S. Cooper's Tariff No. 1-B, N. C. U. C. 
No. 15 (North Carolina Intrastate Tariff) to be amended to 2^c per cwt. 
per day, minimum 35c per shipment for the first five days, and for the sixth 
and each succeeding day, 4c per cwt. per day, minimum 65c per shipment, 
observing the same method for computing time on legal holidays as now 
shown under the rule. Amend Rule 68 covering Re-Delivery Charges from 
12c per cwt. to 123^c per cwt. subject to a minimum charge of 65c per ship- 
ment. 

(d) Observe cut-back in rates on all less than truckload and any quantity rates 
to be not less than Fifth Class or Class 45 level on the basis including the 
10 per cent increase now being sought. 

(e) Provide for a further minimum rate level on less than truckload and/or any 
quantity shipments as follows: 

On shipments weighing less than 5,000 pounds, the minimum rate pro- 
tected to be 35c per cwt. 
On shipments weighing 5,000 pounds or more, but less than 10,000 
pounds, the minimum rate that will be protected will be 30c per cwt. 
On shipments weighing 10,000 pounds or more, but less than 20,000 
pounds, the minimum rate that will be protected will be 25c per cwt. 
On shipments weighing 20,000 pounds or more, the minimum rate pro- 
tected will be 20c per cwt. 
(Note that on any shipments moving on volume ratings as provided in the Gov- 
erning Classification, the above cut-backs, restrictions or minimum rates will 
not apply.) 

The following Alternative Rule will be published in connection with the rates 
for minimum charges enumerated under Paragraph (e) next above, reading as 
follows: 



166 N. C. Utilities Commission 

Alternative Application of Rates 

When the volume and/or truckload charge based on the higher rate at actual 
weight (but not less than the minimum weight specified for the higher rate) 
exceeds the charge based on the lower rate at actual weight (but not less than 
the minimum weight specified for the lower rate) the latter charge will apply. 

All but one of these carriers fall under our classification 2(a) which is defined as: 
"Carriers operating between fixed termini or over a regular route." The single ex- 
ception is defined under 2(b) as: "Carriers restricted to any class, kind, or commodity 
over regular or irregular routes." This carrier, M. P. Lipe, trading as Lipe Motor 
Lines, is restricted to a few classes of traffic, principally textile products, and for that 
reason is unable to spread his entire revenue requirements over the usual wide range 
of commodities handled by the majority group. 

The Emergency Price Control Act of 1942 requires common carriers to notify the 
President of the United States, or such Agency as he may designate, of any contem- 
plated general increase in rates and to consent to the timely intervention of said 
Agency before the Federal or State authority having jurisdiction to consider such 
increases. The designated Agencies, the Director of Economic StabiUzation and the 
Price Administrator, intervened in this proceeding and their representatives offered 
testimony which testimony appears to be heavily relied upon by applicants accord- 
ing to the following statement of their counsel at Page 1 of the transcript: "If your 
Honor please, we are accepting for the purpose of this proceeding the measure of 
revenue needs of the carriers as shown by the evidence of the witnesses for the Office 
of Price Administration. ..." 

The documentary evidence introduced by an accounting witness of the Federal 
Agencies consists of two exhibits of one page each which show respectively a con- 
solidated balance sheet of selected items and a combined statement of revenues and 
expenses for the calendar year ending December 31, 1944. These statements result 
from an investigation by the O. P. A. of the books of six of the applicants; viz.. Co- 
lonial Motor Freight Lines, Fredrickson Motor Express, Helms Motor Express, 
Miller Motor Express, Smith's Transfer Corporation, and the Carolina Transporta- 
tion Company. In explaining these exhibits, the witness pointed out a combined 
over-all ratio of 101.9 for the six carriers investigated. The other witness for the 
Federal Agencies states their position in part at Page 5, transcript exhibit No. 1 to 
be: "Officially, we take the position that it is a matter for the North Carolina Public 
Service Commission to determine as to any percent of increase that these carriers 
may be granted. We think the figures as shown in the exhibit will speak for them- 
selves, and, in so far as our office is concerned and the Director of Economic Stabiliza- 
tion, all we can do is present the facts as we see them and leave them to the good 
discretion of your Commission as to the amount that you may determine upon. I 
am speaking solely with respect to the general increase of 10 per cent because this was 
the only matter under consideration at the time our investigation was made." 

The evidence of the foregoing witnesses clearly establish a need for lowering the 
ratio of expense to income and the applicant carriers insist upon the manner of at- 
taining that need is to acquire additional revenue by increasing their rates and 
charges as set out in the lettered paragraphs quoted above, (a) to (e) inclusive. Wit- 
nesses for applicants by their parol testimony stress a substantial increase in operating 
expenses and advance that condition as the prime reason for the necessity of a general 
increase in rates. These witnesses introduced exhibits to show the average expense 
of transporting all traffic but such evidence is of little benefit in determining whether 
the cost of transporting a particular class of traffic is more or less than reasonable 



Decisions and Adjustments of Complaints 167 

maximum and minimum. If the average expense of transporting all traffic is to be 
accepted as criteria for making rates on traffic rated in low classes because of. its 
favorable transportation characteristics, it would then follow that traffic now subject 
to the higher ratings because of unfavorable characteristics should be treated under 
the same rule. 

Shipper protestants object to the full measure of the increases sought and point 
out that in the final analysis the carrier's revenues are not derived from rates alone 
but from the traffic which actually moves. These protestants also suggest the desir- 
ability from the viewpoint of both shipper and carrier not necessarily the same level, 
but a constant relationship of applicant's scale with that published by the railroads, 
inasmuch as the motor carriers use rail rather than highway distances in ascertaining 
their rates, the suggestion of constancy in progression is not without merit. How- 
ever, that is not a vital issue which we may resolve from this record, rather it now 
appears as an exercise of managerial discretion, the soundness of which will be gauged 
by future results. 

Upon considering the evidence submitted by all parties, we are convinced of a 
need for additional revenue by these carriers, and their choice of increasing all exist- 
ing class, column, and commodity rates by 10 per cent as specified in paragraph (a) as 
a revenue measure will be authorized. Likewise, the proposed increase in the mini- 
mum charge per shipment from 65 cents to 75 cents specified in (b) will be approved. 

With respect to the proposed increases in designation (c) the testimony of a carrier 
witness was substantially that the purpose of this proposal to increase storage and 
re-dehvery charges is to make uniform the motor carrier interstate and intrastate 
requirements rather than for the purpose of securing additional revenue. The in- 
trastate and interstate railroad storage charges have been uniform for many years 
and differ but slightly from the motor carrier charges. It is suggested to appUcants 
that they investigate the difference as between their rules and charges for storage 
and similar requirements of the railroad with a view to harmonizing such charges as a 
convenience to shippers who utilize both forms of transportation. The proposals in 
designation (c) will be approved. 

We come now to the so-called cutbacks described in designations (d) and (e) and 
find nothing in the evidence of the Federal Agencies so heavily relied upon by appli- 
cants to justify any such arrangement as a revenue measure. Nor do we see any- 
thing in the average of expenses for all traffic heretofore referred to which justifies a 
disregard for 1 ng-established classification principles at one end of the measuring 
device without a compensating adjustment at the other end. That rates on particular 
commodities are often voluntarily established on an out-of-pocket cost theory by the 
carriers themselves and sanctioned by the regulating authorities is a common practice 
of which both carrier and shipper traffic representatives are fully aware. In such 
instances, the circumstances peculiar to the commodity involved are considered. 
Likewise, each of the thousands of commodities in the classification were considered 
individually according to their inherent transportation characteristics before their 
rating groups were assigned, some by the carriers, others by the regulatory authorities. 
It might be argued that in proposing cutbacks these applicants are only attempting 
to accentuate a rate publishing practice in which they have long indulged. However, 
that argument loses force when it is apparent that the present method by long suf- 
ferance merely operates to relieve the motor carrier with its relatively small total 
and unit capacities from carrying those commodities, the characteristics of which 
make them so much more readily adaptable to the mass transportation agencies. 

We are scarcely convinced that the so-called cutbacks if approved as proposed 
would yield the carriers any net revenue. Conceivably, such an arrangement might 



168 N. C. Utilities Commission 

yield something, but there is no apparent need specified for any additional revenue 
over and above that which they are anticipating from the approved horizontal in- 
crease of 10 per cent. Additionally, we look upon the over-all cutback proposal with 
disfavor for other reasons. It is not diflEicult to illustrate the proposed disregard of the 
present design into a crazy quilt at the low end of the adjustment without compensat- 
ing for it in the high end on a class-for-class basis, as, for example, on shipments of 
less than 5,000 pounds and aside from the general increase of 10 per cent, the class 6 
rate at 75 miles would be increased 25 per cent. It is more difficult to make the illus- 
stration as applied to the various commodities individually, but taking the cotton fac- 
tory products commodity rate single line scale on shipments less than 5,000 pounds as 
illustrative, it will be noted at the end of the second paragraph below that the general 
increase of 10 per cent plus cutback as sought exceeds the present rate in far greater 
measure than does the increase of 10 per cent plus the cutback as authorized in the 
next paragraph. 

The cutback or minimum rate arrangement according to the proposed application 
thereof ranges down to 20 cents per 100 pounds, and while in the premises we are un- 
able to find the terms of designations (d) and (e) fully justified, we are persuaded, all 
things considered, to authorize estabhshment of a minimum rate of 25 cents per 100 
pounds on all traffic regardless of the weight of the shipment for the purpose of mini- 
mizing any service which the carriers may be performing at less than out-of pocket 
cost. 

Disposition of the foregoing proposals in the manner indicated is without prejudice 
to the right of these applicants to move toward readjusting the rate on any individual 
commodity under estabhshed procedures. For example, by virtue of commodity re- 
strictions it is not unreasonable to assume that Lipe Motor Lines is more vitally con- 
cerned with the proposed increase in the textile products scale as illustrated below 
than other lines whose revenue burden is spread over a wider range of commodities: 

For Distance of 1 Through 75 Miles 
Total Of Total Of Proposed Total Of Authorized 

Present Rates Proposed Rates % Increase Authorized Rates % Increase 

250 385 54 300 20 

Therefore, there is nothing to prevent Lipe Motor Lines, or other carriers for that 
matter, from moving to show any circumstances or conditions such as costs, competi- 
tion or other facts in relation to the transportation of textile products for the purpose 
of proving a need for a further increase in the scale of commodity rates applicable to 
the textile products description. The commodity rates as increased hereunder will 
be considered as maximum reasonable rates, thus necessitating a petition for modifi- 
cation hereof where an increase is involved. The increased class rates will be con- 
sidered also as maximum reasonable. However, we shall not freeze the classification 
and exceptions as maxima, thereby enabling the carriers to proceed with a proposed 
increase in the exception rating on pipe or ratings on other articles without the ne- 
cessity of petitioning for modification of this order, but that course is not closed to 
them. The tariff now contains some point-to-point special rates and others such as 
column SOX transit rates which when increased by 10 per cent will still be less than the 
authorized minimum rate of 25 cents per 100 pounds. These rates were no doubt 
estabhshed to meet special conditions, competitive or otherwise, and if the applicants 
desire to continue any rate or rates at less than the authorized minimum, they are at 
liberty to do so subject to the out-of-pocket cost theory as a test if that issue is 
raised. 



Decisions and Adjustments of Complaints 169 

It is not without difficulty, even in normal times, that common carriers of general 
commodities are able to keep their rate structure competitively attuned and in har- 
mony with the demands of commerce in such manner as to earn a fair profit. The 
difficulty of maintaining remunerative rate adjustments in the post war era may be 
aggravated by keen competitive conditions; therefore, it is perhaps not amiss to di- 
rect attention to an observation of the United States Supreme Court in Board of 
Trade of Kansas City v. United States, et al, 314-534, 546 as follows: 

"The process of rate making is essentially empiric. The stuff of the process is 
fluid and changing — the resultant of factors that must be valued as well as 
weighed." 

The general increase authorized of 10 per cent in all rates subject to a minimum 
rate of 25 cents per 100 pounds as qualified above in response to designations (a) (d) 
and (e) of the application as well as the authorizations in (b) and (c) may be published 
and filed upon not less than ten days' notice as referred to in G. S. 62-126 in accord 
with the rules and regulations governing the construction, filing and posting of tariffs. 

Initially and temporarily the general increase may be published by use of a con- 
version table. However, within a reasonable length of time the carriers are expected 
to republish and refile the tariff showing the increased rates as single factors. 

Chairman Winborne did not sit at the hearing of this matter but he concurs in the 
disposition of it. 

It Is Ordered: That the applicant carriers in this proceeding, listed in the ap- 
pendix, be, and the same are, hereby authorized to increase their rates and charges 
in accord with the foregoing findings and conclusions. 

It Is Further Ordered: That all proposed increases in addition to those embraced 
by reference in the preceding ordering paragraph be, and the same are, hereby denied. 

By Order of the Commission. 

This the 3rd day of January, 1946. Fred C. Hunter, Commissioner. 

R. G. Johnson, Commissioner. 
Docket No. 3440. 

Appendix to Order of January 3, 1946. Docket No. 3440. 

Billings Transfer, H. C. BilHngs, t/a 

Blue Ridge Trucking Company, Nemiah Goldstein and Bernard Goldstein, d/b/a 

C. & S Motor Express Company. 

Carolina Transportation Company, operator of Stallings Transfer Service, L. 
Russell Stallings, John L. Barbee, Mrs. N. H. Stallings, d/b/a. 

Central Motor Freight Line, Inc. (Piedmont Trucking Company, W. C. Lucas, 
Pearhe M. Lucas and A. B. Cox, d/b/a. Lessor and operator of.) 

Colonial Motor Freight Line, Inc. 

Oanville & Durham Motor Freight Lines, J. A. Mannooch, d/b/a. 

Fredrickson Motor Express Corporation. 

Georgia Motor Express, Inc. 

Goldston Motor Express, J. M. Goldston, d/b/a. 

Great Southern Trucking Company. 

Helms Motor Express. 

Kilby's Motor Express, Cecil Kilby, d/b/a. 

Lipe Motor Lines, M. P. Lipe, t/a. 

Miller Motor Express. 

National Chair Manufacturing Corporation, Lessee and Operator of Piedmont 
Trucking Company, W. C. Lucas, Pearlie M. Lucas, and A. B. Cox, d/b/a. 

Norfolk Southern Bus Corporation. 



170 N. C. Utilities Commission 

Overnite Transportation Company, J. H. Cochrane, d/b/a. 

Piedmont Mountain Freight Lines, Inc. 

Smith's Transfer Corporation, E. M. Dudley, V. J. Smith, and T. Glenn Miller, Jr., 

Trustees. 

Thurston Motor Lines, Inc., Operator of Carolina Transportation Company. 

United Express Company. 

J. W. Wilder Transfer, Mrs. F. G. Wilder, d/b/a. 

Winston-Elkin Motor Express. 

Appendix Corrected as of January 11, 1946, to Order of January 3, 1946. 
Docket No. 3440. 

BilHngs Transfer, H. C. Billings, t/a. 

Black's Motor Express, D. J. Black, d/b/a, 

Blue Ridge Trucking Company, Nemiah Goldstein and Bernard Goldstein, d/b/a. 

Buckner Transfer Company, R. F. Buckner, d/b/a. 

C. & S. Motor Express Company. 

Central Motor Freight Line, Inc. (Piedmont Trucking Company, W. C. Lucas, 
Pearlie M. Lucas and A. B. Cox, d/b/a. Lessor and operator of.) 

Colonial Motor Freight Line, Inc. 

Danville & Durham Motor Freight Lines, J. A. Marmooch, d/b/a. 

Fredrickson Motor Express Corporation. 

Georgia Motor Express, Inc. 

Goldston Motor Express, J. M. Goldston, d/b/a. 

Great Southern Trucking Company. 

Helms Motor Express. 

Lipe Motor Lines, M. P. Lipe, t/a. 

Miller Motor Express. 

National Chair Manufacturing Corporation, Lessee and Operator of Piedmont 
Trucking Company, W. C. Lucas, Pearlie M. Lucas, and A. B. Cox, d/b/a. 

Norfolk Southern Bus Corporation. 

Overnite Transportation Company, J. H. Cochrane, d/b/a. 

Piedmont Mountain Freight Lines, Inc. 

Smith's Transfer Corporation, E. M. Dudley, Trustee. 

Thurston Motor Lines, Inc. 

United Express Company. 

J. W. Wilder Transfer, Mrs. F. G. Wilder, d/b/a. 

Winston-Elkin Motor Express. 

APPLICATION OF REGULAR ROUTE INTRASTATE MOTOR CARRIERS 
OF PROPERTY FOR GENERAL INCREASE IN RATES. 

Order Overruling Exceptions 
This Cause coming on for further consideration in light of exceptions filed January 
12, 1946, by R. L. Askea on behalf of East Carolina Freight Traffic Bureau, and in 
response thereto a motion to overrule said exception filed January 14, 1946, by I. M. 
Bailey, on behalf of applicant carriers. Upon full consideration of said exceptions 
and motion, and the exceptions appearing to be without merit, the said exceptions 
and each of them are hereby overruled and dismissed. 

By Order of the Commission. 

This 16th day of January 1946. Charles Z. Flack, Chief Clerk. 

Docket No. 3440. 



Decisions and Adjustments of Complaints 171 

APPLICATION OF REGULAR ROUTE INTRASTATE MOTOR CARRIERS 
OF PROPERTY FOR GENERAL INCREASE IN RATES. 

Vacating Order 

By Petition filed July 11, 1946, which Petition is looked upon by the Commission 
as being in the nature of a motion in the above entitled cause, a large majority of the 
former petitioners herein have applied for authority to increase their rates over the 
level provided for in the Order of January 3, 1946, by the following amounts and 
manner: 

a. All less-than-truckload and any-quantity rates on shipments weighing less than 
2000 lbs. be increased 20 per cent, subject to a maximum increase of 29c per 
100 lbs. 

b. All less-than-truckload and any-quantity rates on shipments weighing 2000 
lbs. or over, but less than 5000 lbs., be increased 10 per cent, subject to a maxi- 
mum increase of 10c per 100 lbs. 

Petitioners represent and allege for themselves a dire financial condition which, if 
not remedied within the immediate future, wiU result in unsatisfactory and inade- 
quate service to the public. 

The Commission is not unmindful of rapidly changing economic and transporta- 
tion conditions affecting the traffic handled under or subject to the rates here in- 
volved; and having in mind the procedure provided for in G. S. 62-125, 126; and to 
make way for the applicants herein to move under those provisions of the law, which 
said procedure will afford an opportunity of expression from shippers or other in- 
terested parties, after full consideration of the things and matters herein presented; 
and good cause appearing, 

It Is Ordered, That the outstanding Order of January 3, 1946, in Docket No. 
3440, as hereinabove captioned be, and the same is hereby, vacated and set aside. 

It Is Further Ordered, That a copy of this order be served by first class mail 
upon each party of record in this proceeding. 

By Order of the Commission. 

This 10th day of August, 1946. Charles Z. Flack, Chief Clerk. 

Docket No. 3440. 

APPLICATION OF INTRASTATE FRANCHISE MOTOR CARRIERS OF 
PROPERTY (PARTICIPANTS IN TARIFF 1-B, N.C.U.C. NO. 15) FOR 
GENERAL INCREASE IN RATES OF TEN PER CENT, AS AMENDED 
AUGUST 17, 1945, TO INCREASE STORAGE AND MINIMUM CHARGES 
AND ESTABLISH MINIMUM RATES. 

Postponement of Hearing 

The original application of the carriers in this proceeding heretofore assigned for 
hearing on August 29, 1945, was limited to a proposed general increase in all rates 
and charges of ten per cent. By amendment filed August 17, 1945, a copy of which 
is enclosed herewith it will be noted that the application has been extended to include 
additional increases. Upon consideration of the amendment in light of the short 
space of time between August 17, 1945, the date of filing said amendment and the 
date of August 29, 1945, heretofore fixed as the time of hearing, it is: 



172 N. C. Utilities Commission 

Ordered, That the hearing date herein heretofore fixed as of August 29, 1945, be 
and the same is hereby cancelled. It is, 

Further Ordered, That the application herein as amended, be and the same is 
hereby assigned for hearing at the Commission's hearing room in Raleigh, North 
Carolina, on Thursday, September 13, 1945, at 10:00 a. m. 

By Order of the Commission. 
This 20th day of August, 1945. 

Charles Z. Flack, Chief Clerk. 
Docket No. 3349. 

APPLICATION OF REGULAR ROUTE INTRASTATE MOTOR CARRIERS 
OF PROPERTY FOR GENERAL INCREASE IN RATES, ETC. 

Order 

I. M. Bailey, Clem B. Holding, R. S. Cooper, for applicants. 

L. O. Kimberly, Jr., N. B. Correll, C. F. Bauserman, Charles N. Strickland, 

W. S. Creighton, for protestants. 

Dewey C. Wayne, Harry W. Garis, S. F. Dickenson, for Economic StabHzation 

Director and Price Administrator, Interveners. 

On April 14, 1945, the appUcant carriers herein, participants in Motor Carriers 
Traffic Association Tariff Bureau Motor Freight Tariff 1-B, N. C. U. C. No. 15, filed 
a short notice apphcation with us seeking authority to tender on notice of one day, a 
conversion table supplement proposing an advance of ten per cent in all of their rates 
for the purpose of increasing general revenues. Disregard of our rule with respect 
to the following provision of the Emergency Price Control Act of 1942, was immedi- 
ately brought to the attention of applicants and their application for short notice 
under our tariff rules was denied: 

"Provided that no common carrier or public utility shall make any general in- 
crease in its rates or charges which were in effect on September 15, 1942, unless 
it first gives thirty days notice to the President, or such agency as he may desig- 
nate, and consents to the timely intervention by such agency before the Federal, 
State, or Municipal authority having jurisdiction to consider such increases." 

Denial of the application to propose an increase on less than statutory notice was 
of course without prejudice to the right of these carriers to file publication providing 
for a blanket increase or increase otherwise on statutory notice accompanied by 
evidence of notice to the Office of Price Administration, which office is the agency 
designated by the President of the United States under the statutory provision quoted 
above. Nor did our denial in any way whatsoever prevent or delay these carriers in 
the fifing of a petition under our rules of practice for affirmative authority to make a 
general increase in their rates for the purpose of securing additional revenue. The car- 
riers selected the latter course of procedure, and on June 9, 1945, they sought a gen- 
eral increase of ten per cent by motion for judgment on the pleadings or as an alterna- 
tive they requested an early hearing for the purpose of submitting evidence of a need 
for additional revenue by way of generally increasing their intrastate rates by ten per 
cent. The Office of Price Administration and interested shippers were notified and 
the matter was assigned for hearing on August 29, 1945. In the meantime an amend- 
ed petition was filed on August 18, 1945, in which these carriers are seeking increases 
to include the general advance of ten per cent heretofore referred to and in addition 



Decisions and Adjustments of Complaints 173 

thereto the increases described in the following quoted paragraphs beginning with 
lettered paragraph (b): 

To publish by proper supplement, increases in all rates and provide for so-called 
cut-backs and minimum charges as specifically provided for below: 

(a) A straight 10 per cent to be applied on all rates enumerated in above tariff. 

(b) The present minimum charge to be increased from 65c to 75c. 

(c) Storage charges under Rule 75 to your petitioner's tariff to be amended to 
2^c per cwt. per day, minimum 35c per shipment for the first five days, and 
for the sixth and each succeeding day, 4c per cwt. per day, minimum 65c per 
shipment observing the same method for computing time on legal holidays 
as now shown under the rule. 

Amend Rule 68 covering re-delivery charges from 12c per cwt. to 123^c per 
cwt. subject to a minimum charge of 65c per shipment. 

(d) Observe cut-back in rates on all less than truckload and any quantity rates 
to be not less than Fifth Class or Class 45 level on the basis including the 
10 per cent increase now being sought. 

(e) Provide for a further minimum rate level on less than truckload and/or any 
quantity shipments as follows: 

On shipments weighing less than 5,000 pounds, the minimum rate pro- 
tected to be 35c per cwt. 

On shipments weighing 5,000 pounds or more, but less than 10,000 pounds, 
the minimum rate that will be protected will be 30c per cwt. 

On shipments weighing 10,000 pounds or more, but less than 20,000 pounds 
the minimum rate that will be protected will be 25c per cwt. 

On shipments weighing 20,000 pounds or more, the minimum rate pro- 
tected will be 20c per cwt. 

(Note that on any shipments moving on volume ratings as provided in the gov- 
erning classification, the above cut-backs, restrictions or minimum rates will not 
apply.) 

The following Alternative Rule will be published in connection with rates for 
minimum charges enumerated under Paragraph (e) next above, reading as 
follows: 

Alternative Application of Rates 

When the volume and/or truckload charge based on the higher rate at actual 
weight (but not less than the minimum weight specified for the higher rate) 
exceeds the charge based on the lower rate at actual weight (but not less than the 
minimum weight specified for the lower rate) the latter charge will apply. 

In order to give interested shippers reasonable notice of the amendments the 
hearing was postponed to September 13, 1945. The matter was heard by Commis- 
sioners Hunter and Johnson at that time with appearances as noted above. 

Witnesses for the Price Administrater and for the Director of Economic StabiHza- 
tion stated the position of those agencies of the Federal Government that under the 
hold-the-line order issued by the President of the United States of American in 1942, 
there should be no increase in common carrier rates other than those justified and 
actually needed by the carriers to continue in operation. Direct jurisdiction over 
contract carrier rates is lodged with the Office of Price Administration. 



174 N. C. Utilities Commission 

A ratio of approximately 95 for either contract or common carriers by motor ve- 
hicle appears to be recognized by that Agency as a measure which will permit a car- 
rier to operate in a solvent condition and in harmony with the policy of the Federal 
Agencies under the Chief Executive's order to held-the-hne. 

By arrangement with the applicants made prior to the filing of the amended peti- 
tion, the Office of Price Administration investigated the books of six carriers as listed 
in Exhibits Nos. 1 and 2. The first of which is a consoUdated balance sheet of se- 
lected items for the six carriers referred to. Exhibit No. 2 is a statement of operating 
revenues and expenses combined for the same group of six selected carriers. The 
balance sheet is for December 31, 1944, the revenues and expenses are for the calen- 
dar year ending December 31, 1944, This latter exhibit reveals a ratio of 100.3, 
which was computed without the addition of officers salaries and when that item of 
expense is taken into consideration the operating ratio was 101.9 per cent. The ac- 
counts utihzed in arriving at the results here contemplated were not separated as 
between interstate and intrastate business and the witness Garis in testifying to those 
computations opined that under OPA standards, applicants would be entitled to 
an increase of approximately five per cent. 

Witnesses for applicants submitted statements from their accounts to show operat- 
ing results for time periods which end at the relatively recent date of June 30, 1945. 
These exhibits show operating ratios ranging from slightly less than 100 to a point 
slightly in excess of 100. Said statements along with others portraying the distribu- 
tion of each $1.00 of revenue when considered together with the parol testimony 
moves us to find a need for additional revenue to which these carriers are entitled that 
they may cope with the concurrent expenses of conducting their operations. 

It is not difficult to find in this proceeding that a need for additional revenues has 
been shown or leastwise there is a need for a more favorable ratio. Furthermore, it 
is clear that the position of interveners is in accord with our finding on this point and 
if we rightly appraise the evidence of the protesting rate payers and shippers, they 
too, are not objecting to an increase for which there is a proven need. Like the in- 
terveners they are concerned with the measure and method of applying the remedy, 
and rightly so we think, for it is the measure and method which gives us grave con- 
cern. 

Perhaps the indecisive manner of applicants in initiating this proceeding as here- 
tofore recited is an indication of difficulty with respect to the measure and methods 
of securing additional revenue from a general or mixed rate increase in relation to 
the value of the service. The fact that these carriers did not seek a parity with their 
own interstate ratings and scale may not be entirely without significance. 

The original request for authority to adjust rates to secure additional net revenue 
was limited to a proposed increase of ten per cent as described and brought forward 
in paragraph (a) of the amended petition here before us. We shall now consider 
paragraph (a) which we believe to be the most important single feature of the entire 
matter. By way of class rate level the present intrastate motor carrier scale is less 
than the railroad scale; however, by the fortuitous circumstance that the railroads 
have never transferred numerous exception ratings to the classification proper, in- 
trastate motor carrier rates are based on a higher classification rating in many in- 
stances than are the railroad ratings. There is no present satisfactory basis for com- 
paring the intrastate motor carrier class or column rates with the rail rates except to 
say that the motor carrier scale is lower than, and their ratings or columns are on 
higher bases than the railroad ratings. Additionally the motor carriers have mini- 



Decisions and Adjustments of Complaints 175 

mum class rates or so-called class rate cut-backs which produce rates in excess of rail 
rates on the same commodities. The matter of cut-backs will be referred to later on. 

An increase in the motor carrier scale up to the level of the existing railroad scale 
would amount to approximately 6.2 per cent in the aggregate, net constantly by that 
amount as the two scales progress at different speeds. Such an increase would result 
in a parity for motor carriers and railroads in the higher classes; i. e., these above 
existing motor carrier cut-backs, except where the higher motor carrier classification 
ratings or columns produced higher rates, in which event the motor carriers will be in a 
position to propose an adjustment of such differences as competitive or other con- 
ditions may seem to warrant. Thus in the post war period of a keener competitive 
spirit in transportation and commerce the applicants will be in a position of testing 
their ability to hold or gain traffic at rates higher than those of their competitors. 

The record contains some interesting exhibits which show certain results of a trafiic 
test. Appficants' Exhibit No. 20 indicates that the preponderance of intrastate 
traffic both local and interline handled by Thurston Motor Lines, Inc., during the 
test period moved on standard class rates or on exception ratings related to the exist- 
ing first class rate. Other exhibits containing similar information with respect to 
different carriers are not as clear as Exhibit No. 20 on this point, nevertheless, this 
showing in its entirely leads to the conclusion that by far the greater part of the in- 
trastate traffic moving by these carriers is subject to rates which are directly related 
to first class by either a standard or non-standard rating or per cent column. 

In accord with our finding of a need of additional revenue by these carriers and with 
the circumstances recited in the foregoing, we conclude that applicants should be 
allowed to cancel their present standard class rates and to pubhsh in lieu thereof the 
level of present similar rates in effect by railroad, modified to reflect the cut-back 
pattern in lower classes presently observed by applicants, as specifically set forth in 
columns designated in the heading by the letter "A" in the Appendix hereto. 

We further conclude that applicants should be authorized to cancel their present 
rates designated as "Classes — Percentages of First Class," the percentage ratings 
governing being set forth in Items 140 to 1,030, inclusive of appficants' tariff, N. C. 
U. C. No. 15, as amended, except those in columns headed by percentages with suf- 
fix "x," and to publish in lieu thereof rates bearing the indicated percentage relation- 
ship to first class rates set forth under column "A" in the appendix hereto, fractions 
of one cent resulting from the computations being disposed of by dropping amounts 
less than one-half cent, and increasing to the next higher integral figure, amounts of 
one-half or more. 

The descriptions in Items 140 to 1,030, inclusive of applicants' Motor Freight 
Tariff 1-B, Commission's identification, N. C. U. C. No. 15, as amended in which 
are authorized the non-standard columns referred to in the preceding paragraph, 
which we concluded should be related to the approved first class rates, include several 
percentage designations with suffix "x" which are excepted from the conclusions in 
said preceding paragraph. We make no finding with respect to rates under excepted 
ratings suffixed "x" and leave it to the carriers to initiate whatever adjustment in 
them they may deem appropriate. 

We further conclude that the facts adduced justify a 5 per cent increase in mileage 
(rate basis) commodity rates contained in Section 2, and in the specific point-to- 
point commodity rates contained in Section 3 of Applicants tariff, N. C. U. C. No. 15. 
Said increase may be accomplished temporarily by pubUcation of a conversion table, 
fractions of one cent resulting from computations to be disposed of by dropping 
amounts of less than one-half cent and increasing to the next higher integral figure, 
amounts of one-half cent or more. Applicants are hereby required to cancel said 



176 N. C. Utilities Commission 

conversion table and publish in lieu thereof revised sections 2 and 3 of said tariff con- 
taining rates which include the authorized increase, within a reasonable time after 
publication and filing of said conversion table. 

In paragraph (b) of the amended petition, as hereinbefore set forth, appHcants 
seek authority to increase their minimum charge per shipment from 65 to 75 cents. 
Said minimum charge was increased from 55 to 65 cents on June 11, 1945. The 
cumulative increase sought over a period of a few months is 20 cents or 36.4 per cent. 
Paragraph (c) of the amended petition contains two features. In the first, au- 
thority is sought to increase storage charges as follows: 

Charge per 100 Minimum 

Pounds per day Charge 

(cents) (cents) 



Period-Excluding Sundays and Legal Holidays Present 


Sought 


Present 


Sought 


First five days 1)4, 
Sixth and each succeeding day 3^ 


2J€ 
4 


28 
55 


35 
65 



The relative increases sought in unit charges are 50 per cent for the first five days 
and 23.1 per cent thereafter. In the minimum charges they are 25 per cent and 18.2 
per cent, respectively. The storage charges proposed are the same as now provided 
for interstate motor carriers shipments but these proposed charges as well as current 
interstate motor carrier charges are higher than the railroad storage charges on in- 
terstate and intrastate traffic. 

In the second feature of paragraph (c), authority is sought to increase the re- 
delivery charge from 12 to 123^ cents per hundred pounds or 4.2 per cent, and to in- 
crease the minimum charge per shipment therefor from 58 to 65 cents or 12.1 per 
cent. This is another instance where the applicants are not seeldng uniformity with 
the railroad charge for service of the same category. 

No evidence was offered either in support of or in opposition to the increase pro- 
posals contained in paragraphs (b) and (c) of the amended petition, nor does the rec- 
ord contain evidence to gauge the effect of these particular proposals upon appHcants' 
revenues. 

Accordingly, no finding is made herein with regard to the authority sought to 
increase the minimum charge per shipment, the storage charges or re-delivery charges 
contained in paragraph (b) and (c) of said petition. However, appHcants are not 
prohibited from filing upon their own initiative in the manner required by law, and 
in accordance with our tariff rules, any adjustments in said charges as herein proposed 
or otherwise. 

In paragraph (d) and (c). Applicants seek two systems of cut-backs or minimum 
rates, one superimposed on the other, applicable only on less than truckload and any 
quantity traffic. First, they ask authority to observe the present fifth class rates 
(45 per cent of first class) plus the 10 per cent increase sought in paragraph (a), as 
minima. Second, they ask authority to estabHsh the foUowing absolute minimum 
rates: 

On Shipments Weighing Minimum Rate Per 100 Pounds 

(Pounds) (Cents) 

1— 4999 35 

5000— 9999 30 

10000—19999 25 

20000— Or more 20 



N. C. Utilities Commission 177 



In order to avoid inconsistencies where the weights of shipments fall on or near the 
border line of the weight brackets set forth in the above tabulation (without qualifi- 
cation the table would provide a minimum charge of $50 on 19,999 pounds and $40 
on 20,000 pounds) applicants propose the following qualifying rule: 

Alternative Application of Rates 

When the volume and/ or truckload charge based on the higher rate at actual 
weight (but not less than the minimum weight specified for the higher rate) ex- 
ceeds the charge based on the lower rate at actual weight (but not less than the 
minimum weight specified for the lower rate) the latter charge will apply, (un- 
derscoring supplied) 

Apparently this rule is a reproduction of a rule contained in some tariff and de- 
signed to apply to volume or truckload traffic, and evidently applicants failed to 
substitute the proper phraseology for the underscored words. 

At present Applicants do not publish any class rates applicable on either less truck- 
load, any quantity, volume or truckload shipments lower than seventh class (35 per 
cent of first class) of a scale of rates originally designed for railroad application which 
contained standard classes down to twelfth class (173^ per cent of first class) (See 
Docket 910, reported on pages 216-223 of the Commission's Biennial report for 1937- 
38). Thus, in adopting the railroad rate pattern Applicants observed 35 per cent of 
first class as minima or cut-back rates as to all standard railroad class rates in the 
lower rated columns down to, and including 17 H per cent. Further, Applicants 
currently maintain the following cut-back or minimum seventh class rates; sixth 
class (40 per cent of first class) on all shipments moving over a single carrier where 
the rate-making distance is greater than 200 miles and on all shipments moving 
jointly over two or more carriers where the rate making distance is greater than 95 
miles. 

This present cut-back or minimum rate pattern is incorporated in the rates herein 
authorized for future application and set forth in the Appendix hereto under column 
''A." 

Under Applicants' proposal contained in paragraph (d) of the petition, all present 
sixth class rates would be increased on average of 23% per cent and seventh class 
rates appHcable to single line hauls where the rate-making distance is not greater 
than 200 miles and applicable to joint line hauls where the rate-making distance is 
not greater than 95 miles, would be increased an average of 41.4 per cent. All other 
seventh class rates would be increased an average of 23% per cent. 

Applicants' Exhibit No. 29 shows that five of the six carriers selected handled an 
aggregate of 7,928 intrastate shipments during the four days, March 26, April 3, 11, 
and 19, 1945, which weighed 4,003,548 pounds or an average 505 pounds per ship- 
ment. This fact appears to support the conclusion that a great preponderance of all 
intrastate shipments via applicants' lines weigh less than 5,000 pounds. 

The principal effect of the proposal contained in said paragraph (e) would be to 
drastically increase sixth and seventh class rates for rate making distances 80 miles 
and less, when shipments weigh less than 5,000 pounds. The following tabulation 
will serve to illustrate said proposed rate increases both actually and relatively: 



12 



178 N. C. Utilities Commission 





Rat 


es in Cents 


per 100 poi 


inds 


Propc 


►sec 
In( 


Percentage 




Sixth Class 


Seventh Class 


3rease 


lies 


Present 
14 


Proposed 
35 


Present 
13 


Proposed 
35 


Sixth Class 


Seventh Class 


10 


150.0 




169.2 


15 


16 


35 


14 


35 


118.8 




150.0 


20 


17 


35 


14 


35 


105.9 




150.0 


25 


18 


35 


16 


35 


94.4 




118.8 


30 


18 


35 


16 


35 


94.4 




118.8 


35 


20 


35 


18 


35 


75.0 




94.4 


40 


21 


35 


18 


35 


66.7 




94.4 


45 


22 


35 


19 


35 


59.1 




84.2 


50 


23 


35 


20 


35 


52.2 




75.0 


55 


24 


35 


21 


35 


45.8 




66.7 


60 


25 


35 


22 


35 


40.0 




59.1 


65 


26 


35 


23 


35 


34.6 




52.2 


70 


27 


35 


23 


35 


29.6 




52.2 


75 


28 


35 


24 


35 


25.0 




45.8 


80 


29 


35 


25 


35 


20.7 




40.0 



It is readily apparent, in light of the foregoing, that the proposals contained in 
paragraphs (d) and (c) constitute an attempt to drastically redistribute the traffic 
burden in a wholesale manner in a proceeding which initially at least began as a 
general revenue case rather than a general rate investigation, which latter type of 
proceeding contemplates the submission of evidence designed to justify such drastic 
shifts in the transportation burden of so large segment of the ratings affected and the 
traffic therein classified. 

There is nothing here to support a finding which will permit further revolutionary 
change of an article in a lower bracket because of its desirable transportation charac- 
teristics, such as high density occupying but little space, low value and damage re- 
sistance up to the level of an article with undesirable characteristics. 

Our finding in relation to the proposals in paragraphs (d) and (c) are negative but 
without prejudice to Applicants right of coming before us with specific proposals to 
effectively reclassify any commodities which because of their favorable characteristics 
are now subject to moderate ratings or to divorce such articles from the classification 
by exceptions or by proper commodity rates. 

The minimum or cut-back rates herein sought are proposed for appUcation in con- 
nection with commodity rates as well as class rates. A commodity rate and the de- 
scription joined thereto separates that particular commodity including packing re- 
quirements or other conditions, entirely and completely from the classification theory 
as that theory pertains to rate-making. Therefore, any rate factor in the nature of a 
cut-back or other condition bearing on the quality of a commodity rate should be re- 
flected into the description of the commodity or commodities and the accompanying 
basis for the rate. Hence, the admonition which calls upon the carriers to republish 
their commodity rates in order that the five per cent increase authorized herein may 
be shown as a rate of one single factor. 

Cut-backs contain many objectable features in connection with class rate publica- 
tions in which manner they have been used by the Motor Carriers for several years as 
an expedient. In connection with the publication of commodity rates they are most 
objectionable. There seems to be no valid reason for utilizing the so-called method of 
cut-backs in the publication of commodity rates. 



Decisions and Adjustments of Complaints 179 

The cut-backs proposed are greatly in excess of and of different design from those 
presently in effect. Further, these proposed cut-backs are at wide variance with 
those applicable to less carload and any quantity traffic by railroad as well as those 
proposed by these same motor carriers for application to their interstate traffic as re- 
ferred to on this record. 

Reviewing and summarizing our deliberation of this matter we find justification 
for a general increase aggregating 6.2 per cent heretofore described on standard 
classes as indicated in the appendix hereto and on the non standard percentage col- 
umns provided for in tariff items 140 to 1,030 except those bearing suffix "x." 

With respect to commodity rates in sections 2 and 3 of the tariff, we find a need 
for an increase of five per cent as described above. 

The authority sought by the terms of paragraphs (b) and (c) is not denied or spe- 
cifically disapproved. AppUcants are referred for guidance to the primary para- 
graph relating to these proposals. 

We view the drastic cut-back methods described in (d) and (e) with disfavor and 
with uncertainty as to any revenue results which might be realized in such adjust- 
ments. Our finding here is in the negative. Applicants attention is directed to the ob- 
servations relating to the adjustment of rates on individual or groups of commodities. 

We think these authorizations will result in a substantial addition to revenues 
from intrastate traffic. Whether these increases or others which may hereafter be 
proposed and disposed of will solve the present difficulties and problems is for future 
determination. We have reached an opinion from the evidence presented in this 
proceeding that these carriers are in a crucial era of their activities in the field of 
transportation. Changes may come quickly in this period of transition and unless 
anticipated may have adverse results. We take this opportunity of suggesting to the 
carriers that they preserve a careful watch and control over their operations in this 
period of post war developments. In the event a condition of emergency arises, 
which might well result from the impending reductions in standard class rates by 
railroad, it is suggested that the door here is open and a place of priority on our docket 
will be assigned in order to afford an opportunity for consideration of any further 
well supported proposals which might be made. 

Chairman Winborne did not sit in the hearing of this matter but concurs in the 
disposition of it. 

It Is Ordered, That applicant motor carriers participants in Motor Carriers 
Traffic Association Freight Tariff N. C. U. C. No. 15, be and the same are hereby 
authorized to increase their standard class rates and non-standard percentage column 
rates with the exception provided in the foregoing report to the extent therein de- 
scribed and set out that these applicants also be authorized to increase their com- 
modity rates pubhshed in sections 2 and 3 of the tariff specified by use of a conver- 
sion table to the extent of 5 per cent above existing rates as more fully detailed in 
the foregoing report. 

It Is Further Ordered, That the increases proposed other than those referred 
to in the ordering paragraphs above which other increases are not herein denied may 
be published and filed with this Commission along with the increases affirmatively 
approved above on notice of not less than five days to the Commission and as other- 
wise provided in the tariff rules. 

It Is Further Ordered, That all proposed increases in addition to those embraced 
in the preceding ordering paragraphs be, and the same are hereby denied. 

By Order of the Comniission ^^^^ ^ jj^^^^^ Commissioner 

This nth day of October, 1945. ^ ^ Johnson, Commissioner. 

Docket No. 3349. 



180 N. C. Utilities Commission 



Appendix to Report and Order Docket No. 3349. 



Rates in Cents Per 100 Pounds 
On 

Classes 





























Single 


Joint 






1 




2 




3 




4 




5 




6 


Line 


Line 


Miles 


P 
36 


A 
40 


P 
31 


A 

34 


P 
25 


A 

28 


P 
20 


A 
22 


P 

16 


A 

18 


P 
14 


A 
16 


P 
13 


A 
14 


P 
13 


A 


10 


14 


15 


40 


42 


34 


36 


28 


29 


22 


23 


18 


19 


16 


17 


14 


15 


14 


15 


20 


42 


44 


36 


37 


29 


31 


23 


24 


19 


20 


17 


18 


14 


15 


14 


15 


25 


45 


46 


38 


39 


32 


32 


25 


25 


20 


21 


18 


18 


16 


16 


16 


16 


30 


46 


48 


39 


41 


32 


34 


25 


26 


21 


22 


18 


19 


16 


17 


16 


17 


35 


50 


51 


43 


43 


35 


36 


28 


28 


23 


23 


20 


20 


18 


18 


18 


18 


40 


52 


53 


44 


45 


36 


37 


29 


29 


23 


24 


21 


21 


18 


19 


18 


19 


45 


55 


55 


47 


47 


39 


39 


30 


30 


25 


25 


22 


22 


19 


19 


19 


19 


50 


57 


57 


48 


48 


40 


40 


31 


31 


26 


26 


23 


23 


20 


20 


20 


20 


55 


59 


59 


50 


50 


41 


41 


32 


32 


27 


27 


24 


24 


21 


21 


21 


21 


60 


62 


62 


53 


53 


43 


43 


34 


34 


28 


28 


25 


25 


22 


22 


22 


22 


65 


65 


64 


55 


54 


46 


45 


36 


35 


29 


29 


26 


26 


23 


22 


23 


22 


70 


67 


66 


57 


56 


47 


46 


37 


36 


30 


30 


27 


26 


23 


23 


23 


23 


75 


69 


68 


59 


58 


48 


48 


38 


37 


31 


31 


28 


27 


24 


24 


24 


24 


80 


72 


70 


61 


60 


50 


49 


40 


39 


32 


32 


29 


28 


25 


25 


25 


25 


85 


73 


73 


62 


62 


51 


51 


40 


40 


33 


33 


29 


29 


26 


26 


26 


26 


90 


74 


75 


63 


64 


52 


53 


41 


41 


33 


34 


30 


30 


26 


26 


26 


26 


95 


75 


77 


64 


65 


53 


54 


41 


42 


34 


35 


30 


31 


26 


27 


26 


27 


100 


77 


79 


65 


67 


54 


55 


42 


43 


35 


36 


31 


32 


27 


28 


31 


32 


110 


80 


83 


68 


71 


56 


58 


44 


46 


36 


37 


32 


33 


28 


29 


32 


33 


120 


84 


86 


71 


73 


59 


60 


46 


47 


38 


39 


34 


34 


29 


30 


34 


34 


130 


86 


89 


73 


76 


60 


62 


47 


49 


39 


40 


34 


36 


30 


31 


34 


36 


140 


89 


92 


76 


78 


62 


64 


49 


51 


40 


41 


36 


37 


31 


32 


36 


37 


150 


92 


96 


78 


82 


64 


67 


51 


53 


41 


43 


37 


38 


32 


34 


37 


38 


160 


96 


99 


82 


84 


•67 


69 


53 


54 


43 


45 


38 


40 


34 


35 


38 


40 


170 


98 


102 


83 


87 


69 


71 


54 


56 


44 


46 


39 


41 


34 


36 


39 


41 


180 


99 


106 


84 


90 


69 


74 


54 


58 


45 


48 


40 


42 


35 


37 


40 


42 


190 


101 


109 


86 


93 


71 


76 


56 


60 


45 


49 


40 


44 


35 


38 


40 


44 


200 


103 


112 


88 


95 


72 


78 


57 


62 


46 


50 


41 


45 


36 


39 


41 


45 


210 


106 


114 


90 


97 


74 


80 


58 


63 


48 


51 


42 


46 


42 


46 


42 


46 



Decisions and Adjustments of Complaints 181 



























Single 


Joint 






1 


2 




3 




4 




5 




6 


Line 


Line 


♦Mile 


s P 
108 


A P 
117 92 


A 
99 


P 

76 


A 

82 


P 

59 


A 

64 


P 
49 


A 
53 


P 

43 


A 

47 


P 
43 


A 

47 


P 
43 


A 


220 


47 


230 


110 


119 94 


101 


77 


83 


61 


65 


50 


54 


44 


48 


44 


48 


44 


48 


240 


111 


121 94 


103 


78 


85 


61 


67 


50 


54 


44 


48 


44 


48 


44 


48 


260 


116 


125 99 


106 


81 


88 


64 


69 


52 


56 


46 


50 


46 


50 


46 


50 


280 


120 130 102 


111 


84 


91 


66 


72 


54 


59 


48 


52 


48 


52 


48 


52 


300 


124 


134 105 


114 


87 


94 


68 


74 


56 


60 


50 


54 


50 


54 


50 


54 


320 


128 


139 109 


118 


90 


97 


70 


76 


58 


63 


51 


56 


51 


56 


51 


56 


340 


132 


143 112 


122 


92 


100 


73 


79 


59 


64 


53 


57 


53 


57 


53 


57 


360 


136 


147 116 


125 


95 


103 


75 


81 


61 


66 


54 


59 


54 


59 


54 


59 


380 


140 


152 119 


129 


98 


106 


77 


84 


63 


68 


56 


61 


56 


61 


56 


61 


400 


144 


156 122 


133 


101 


109 


79 


86 


65 


70 


58 


62 


58 


62 


58 


62 


420 


147 


160 125 


136 


103 


112 


81 


88 


66 


72 


59 


64 


59 


64 


59 


64 


440 


151 


163 128 


139 


106 


114 


83 


90 


68 


73 


60 


65 


60 


65 


60 


65 


460 


153 


166 130 


141 


107 


116 


84 


91 


69 


75 


61 


66 


61 


66 


61 


66 


480 


156 


169 133 


144 


109 


118 


86 


93 


70 


76 


62 


68 


62 


68 


62 


68 


500 


160 


173 136 


147 


112 


121 


88 


95 


72 


78 


64 


69 


64 


69 


64 


69 


520 


163 


176 139 


150 


114 


123 


90 


97 


73 


79 


65 


70 


65 


70 


65 


70 


540 


165 


179 140 


152 


116 


125 


91 


98 


74 


81 


66 


72 


66 


72 


66 


72 


560 


168 


183 143 


156 


118 


128 


92 


101 


76 


82 


67 


73 


67 


73 


67 


73 


580 


172 


186 146 


158 


120 


130 


95 


102 


77 


84 


69 


74 


69 


74 


69 


74 


600 


175 


189 149 


161 


123 


132 


96 


104 


79 


85 


70 


76 


70 


76 


70 


76 


620 


177 


193 150 


164 


124 


135 


97 


106 


80 


87 


71 


77 


71 


77 


71 


77 



* — For any figure not listed in this column, use nearest greater figure that is 

listed. 
P — Present rates. 
A — Rates authorized. 

APPLICATION OF REGULAR ROUTE INTRASTATE MOTOR CARRIERS 
OF PROPERTY FOR GENERAL INCREASE IN RATES, ETC. 

Order 

Upon further consideration of the record in the above-entitled proceeding and good 
cause appearing, 

It Is Ordered: That the report and order of October 11, 1945, in said proceeding 
be, and the same is hereby, vacated and set aside. 

By Order of the Commission. 

This 3rd day of January, 1946. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3349. 



182 N. C. Utilities Commission 

RESTRICTING THE APPLICATION OF RATES SO AS TO NOT APPLY 
ON PLASTIC GRAVE VAULTS AND PLASTIC GRAVE VAULT BASES 
VIA SPECIFIED MOTOR CARRIERS 

Suspension Order 

It Appearing, That there has been filed with the Utilities Commission a tariff 
containing schedules stating new individual and joint regulations and practices af- 
fecting the transportation of plastic grave vaults and plastic grave vault bases, by- 
motor carriers, to become effective on July 23, 1945, designated as foUows: 

Motor Carrier Traffic Association, Tariff Bureau, R. S. Cooper, Agent. 
Supplement No. 12 to N. C. U. C. No. 15 Rule 37, page 2 thereof, only. 

It Is Ordered, That the Commission upon complaint, without formal pleading, 
enter upon a hearing concerning the lawfulness of the regulations and practices 
stated in said schedules contained in said tariff. 

It Further Appearing, That said schedules make certain changes in the regula- 
tions and practices appUcable to the transportation of plastic grave vaults and plastic 
grave vault bases as described therein via motor carriers specified in said schedule in 
intrastate traffic in North Carolina and the rights and interests of the public appearing 
to be injuriously affected thereby, and it being the opinion of the Commission that 
the effective date of the said schedules contained in said tariff be postponed pending 
said hearing and decision thereon. 

It Is Further Ordered, That the operation of said schedules contained in said 
tariff be suspended, and that the use of the regulations and practices therein stated 
be deferred until the 21st day of October, 1945, unless otherwise ordered by the Com- 
mission, and no change shall be made in such rates, charges, regulations and practices 
during the said period of suspension unless authorized by special permission of the 
Commission. 

It Is Further Ordered, That if this proceeding is not concluded and the final 
order made prior to the date to which suspended in the next above ordering para- 
graph, the operation of the schedules contained in said tariff which on that date have 
not been affected by vacating orders or which have not been cancelled under author- 
ity of special permission of the Commission, be further suspended and that the rates, 
charges, regulations and practices so suspended be further deferred until the 19th 
day of January, 1946, unless otherwise ordered by the Commission, and no change 
shall be made in the regulations and practices so suspended unless authorized by 
special permission of the Commission. 

It Is Further Ordered, That the regulations and practices thereby sought to be 
altered shall not be changed by any subsequent tariff or schedule until this investi- 
gation and suspension proceeding has been disposed of or until the period of suspen- 
sion or any extension thereof has expired, unless authorized by the Commission. 

It Is Further Ordered, That a copy of this order be filed with said schedules in 
the office of the Commission, and that a copy hereof be forthwith served upon car- 
riers' agent and that said carriers party to said schedules be, and they are hereby, 
made respondents to the proceeding. 

By Order of the Commission. 
This 19th day of July, 1945. 

Charles Z. Flack, Chief Clerk. 
Docket No. 3355. 



I 



Decisions and Adjustments of Complaints 183 

INCREASED RATES AND RATINGS APPLICABLE TO INTRASTATE 
TRAFFIC VIA MOTOR FREIGHT CARRIERS. 

Suspension Order and Assignment of Hearing 

It Appearing, That there has been filed with the Utilities Commission a tariff 
containing schedules stating new individual and joint rates, charges, regulations 
and practices affecting the transportation of freight, by motor carriers, to become 
effective on March 4, 1946, designated as follows: 

Motor Carrier Traffic Association, Tariff Bureau, R. S. Cooper, Agent. 
Supplement No. 17 to N. C. U. C. No. 15. 

In its entirety, except that portion on page 11 thereof, headed "Section 1," 
"Table of Class Rates." 

It Is Ordered, That the Commission upon complaint, without formal pleading, 
enter upon a hearing concerning the lawfulness of the rates, charges, regulations and 
practices stated in said schedules contained in said tariff. 

It Further Appearing, That said schedules make certain changes in the rates, 
charges, regulations and practices applicable to the transportation of freight as de- 
scribed therein via motor carriers specified in said schedule in intrastate traffic in 
North Carolina and the rights and interests of the public appearing to be injuriously 
affected thereby, and it being the opinion of the Commission that the effective date 
of the said schedules contained in said tariff be postponed pending said hearing and 
decision thereon. 

It Is Further Ordered, That the operation of said schedules contained in said 
tariff be suspended, and that the use of the rates, charges, regulations and practices 
therein stated be deferred until the 2nd day of June, 1946, unless otherwise ordered 
by the Commission, and no change shall be made in such rates, charges, regulations 
and practices during the said period of suspension unless authorized by special per- 
mission of the Commission. 

It is Further Ordered, That if this proceeding is not concluded and the final 
order made prior to the date to which suspended in the next above ordering para- 
graph, the operation of the schedules contained in said tariff which on that date have 
not been affected by vacating orders or which have not been canceled under authority 
of special permission of the Commission, be further suspended and that the rates, 
charges, regulations and practices so suspended be further deferred until the 31st 
day of August, 1946, unless otherwise ordered by the Commission, and no change 
shall be made in the regulations and practices so suspended unless authorized by 
special permission of the Commission. 

It Is Further Ordered, That the regulations and practices thereby sought to 
be altered shall not be changed by any subsequent tariff or schedule until this investi- 
gation and suspension proceeding has been disposed of or until the period of suspen- 
sion or any extension thereof has expired, unless authorized by the Commission. 

It Is Further Ordered, That a copy of this order be filed with said schedules in 
the office of the Commission, and that a copy hereof be forthwith served upon car- 
riers' agent and that said carriers party to said schedules be, and they are hereby, 
made respondents to the proceeding. 



184 N. C. Utilities Commission 

It Is Further Ordered, That the matters here involved be, and same are hereby- 
set for hearing in the Commission's hearing room, Raleigh, North CaroUna, at 10 
A. M., on Thursday, April 14, 1946. 

By order of the Commission, 

This 2nd day of March, 1946. Charles Z. Flack, Chief Clerk. 

Dqcket No. 3527. 

INCREASED RATES AND RATINGS APPLICABLE TO INTRASTATE 
TRAFFIC VIA MOTOR FREIGHT CARRIERS. 

Order 

It Appearing, That by an order dated March 2, 1946, the Commission entered 
into an investigation concerning the lawfulness of the rates, charges, regulations, and 
practices stated in certain schedules designated in said order, and suspended the 
operation of the said schedule until June 2, 1946. 

It Further Appearing, That the respondents under special permission filed tariffs 
effective June 19, 1946, cancelling the schedules under suspension herein. 

And It Further Appearing, That there is no good reason for the continuance of 
the proceeding of investigation and suspension: 

It Is Ordered, That this proceeding be, and it is hereby, discontinued. 

By Order of the Commission, 

This 16th day of May, 1946. Charles Z. Flack, Chief Clerk. 

Docket No. 3527. 

TO CARRIERS LISTED IN THE APPENDIX TO ORDER IN THE ABOVE 
DOCKET OF SEPTEMBER 16, 1946; THEIR REPRESENTATIVES; ALSO 
SHIPPERS OF RECORD WHO PROTESTED THE INCREASES RE- 
FERRED TO IN SAID ORDER; AND TO OTHERS OF INTEREST IN- 
CLUDED IN THE ATTACHED LIST: 

The fact that the Commission did not suspend the increases referred to in the order 
of September 16, 1946, copy attached, which order announces an investigation into 
this matter, in no way whatsoever precludes the adjustment of rates on particular 
commodities by the carriers or by the Commission during the pendency of this pro- 
c eeding. 

With respect to a parity of the interstate and intrastate rates, which question was 
raised by protest, the respondents answered in part: 

". . .if substantial need exists for any of such individual ratings and the facts 
and circumstances as well as volume of movement warrant, we assure you that 
serious and prompt consideration will be given to any proposal filed by interested 
shippers for establishment of an exceptions rating or of commodity rates as the 
case may be, for the movement of any particular commodity intrastate in North 
Carolina on a relative basis to the interstate level. ..." 

Until the carriers have announced a change, any proposals for voluntary adjust- 
ments should be addressed to Mr. J. E. Bullock, in care of Thurston Motor Lines, in 
Wilson, N. C, whose term of office as Chairman of the Rate Committee has been ex- 
tended beyond the usual tenure of that office. It is understood that a revision of 
committee procedure may be anticipated within the near future. 

On or about May 20, 1946, the respondents in this proceeding, along with other 
motor carriers of property within the South, increased their interstate rates in the 



Decisions and Adjustments of Complaints 185 

same measure as did likewise the North CaroHna lines increase their intrastate rates 
on September 11, 1946. As the two levels, or more precisely, the three first class 
rate scales now stand, the two interstate scales applying by different groups of car- 
riers are slightly higher than the intrastate scale; however, the latter scale is governed 
by a generally higher classification exceptions basis than the former. The Inter- 
state Commerce Commission has pending on its docket an investigation into the 
increased interstate class and commodity rates on shipments weighing less than 5000 
pounds; No. MC-C-538, Increased Rates — To, From and Within The South. Inasmuch 
as the issues in the North Carolina interstate investigation. Docket No. 3760, appear 
to be similar to the issues in the investigation pending before the Interstate Commerce 
Commission just referred to, and the respondent carriers in the North Carolina pro- 
ceeding are also respondents in I.C.C. Docket No. MC-C-538; and largely the North 
CaroUna shipper parties are interested in both the interstate and the intrastate rates, 
the North Carolina Commission has entered into prehminary negotiations with the 
Interstate Commerce Commission looking toward a joint hearing with a view to per- 
mitting consolidated presentations by parties with a community of interest, and to 
avoid duplications. 

As of this date, the way to a joint proceeding appears to be clear, and it is thought 
that a more definite announcement respecting this procedure as herein contemplated, 
will be made within the near future. Therefore, any expressions or suggestions 
bearing on this matter should be submitted at an early date. 

Very truly yours, 

H. M. Nicholson, 
Director of Traffic. 
Copy To: 

Mr. N. B. Correll, Traffic Department, R. J. Reynolds Tobacco Co., Winston- 
Salem, N. C. 
Mr. Dewey C. Wayne, Transportation Division, Office of Price Administration, 

Washington, D. C. 
Mr. Fred D. Binkley, Transportation and Public Utilities Division, Office of Price 

Administration, Washington, D. C. 
Mr. Harry E. Gillis, Southern Traffic League, Mills Building, Washington, D. C. 

Shippers: 

Mr. W. S. Creighton, Sec'y., N. C. Traffic League, Box 985, Charlotte, N. C. 

Mr. R. L. Askea, East CaroHna Traffic Bureau, Box 1053, Raleigh, N. C. 

Mr. Barney Beasley, T. M., P. H. Rose 5 & 10 Stores, Henderson, N. C. 

Mr. C. F. Bauserman, T. M., P. H. Hanes, Knitting Co., Winston-Salem, N. C. 

Mr. Carl R. Cunningham, Manager, N. C. Cotton Mfrs. Ass'n., Atlanta, Ga. 

Mr. Charles W. Strickland, T. M., Proximity Mfg. Co., Greensboro, N. C. 

Mr. C. H. Stock, T. M., Liggett & Myers Tobacco Co., St. Louis, Mo. 

Mr. P. H. Johansen, T. M., Cannon Mills Co., Mills Building, Washington, D. C. 

Tuscarora Cotton Mills, Mount Pleasant, N. C. 

Kent Coffey Mnufacturing Co., Lenoir, N. C. 

Mr. A. H. Lathrop, American Enka Corporation, Enka, N. C. 

Mr. Sam Jones, Credit Department, Job P. Wyatt & Sons Co., Raleigh, N. C. 

Mr. Willard Kyzer, Secretary, Chamber of Commerce, Greenville, N. C. 

Mr. G. Wesley WiUiams, Secretary, Merchants Bureau, Inc., Raleigh, N. C. 

Mr. Willard Dowell, Sec'y., N. C. Merchants Association, Raleigh, N. C. 

Mr. R. H. AUred, KimbrelFs Furniture Company, Raleigh, N. C. 



186 N. C. Utilities Commission 

Representatives of Motor Carrier Respondents: 

Mr. W. M. Miller, Gen. Mgr., Southern Motor Carriers Rate Conference, 873 
Spring St., N. W., Atlanta, Ga. 

Mr. Reuben G. Grimm, Atty., Southern Motor Carriers Rate Conference, 873 
Spring St., N. W., Atlanta, Ga. 

Mr. J. R. Shumate, Chief of Tariff Bureau, Southern Motor Carriers Rate Con- 
ference, 873 Spring St., N. W., Atlanta, Ga. 

Mr. J, E. Bullock, Thurston Motor Lines, Wilson, N. C. 

Representatives of Other Motor Carriers: 

Mr. G. F. Murphy, Chief of Tariff Bureau, Motor Truck Rate Bureau, Inc., 319 

Jefferson Hotel, Columbia, S. C. 
Mr. R. S. Cooper, Agent, 115 Church Street, Greensboro, N. C. 
Mr. J. P. Phillips, Independent Tariff Bureau, Mills Bldg., Washington, D. C. 
Mr. J. T. Outlaw, Secretary, N. C. Motor Carriers Association, 600 Lawyers 

Bldg., Raleigh, N. C. 

Railroads: 

Mr. J. G. Kerr, Chairman, Southern Freight Ass'n., 101 Marietta St., Atlanta, Ga. 

Mr. Joseph Marks, A. F. T. M., Southern Raihoad Co., Washington 13, D. C. 
September 16, 1946. 
Docket No. 3760. 

IN THE MATTER OF INVESTIGATION AND INQUIRY INTO THE LEVEL 
OF INTRASTATE RATES AND CHARGES OF CERTIFICATED REGULAR 
ROUTE MOTOR CARRIERS OF GENERAL COMMODITIES. 

Order 
By Supplement No. 2 to N.C.U.C. No. 3, North CaroUna Intrastate Tariff, issued 
and filed by J. R. Shumate, and which became effective September 11, 1946, the car- 
riers participating therein as named in the appendix hereto, have increased their 
rates generally as follows except in rare instances as indicated in said supplement: 

a. All less-than-truckload and any quantity rates on shipments weighing less 
than 2000 lbs. increased 20 per cent, subject to a maximum increase of 20c 
per 100 lbs. 

b. All less-than-truckload and any quantity rates on shipments weighing 2000 
lbs. or over, but less than 5000 lbs., increased 10 per cent, subject to a maxi- 
mum increase of 10c per 100 lbs. 

The Commission having under consideration the increased rates and charges, and 
the rules, regulations and practices affecting such rates and charges, and good cause 
appearing therefor: 

It Is Ordered, That a proceeding of investigation and inquiry be, and it is hereby* 
instituted by the Commission on its own motion into and concerning the reasonable- 
ness and lawfulness otherwise of the increased intrastate rates and charges and other 
intrastate rates and charges of the respondents herein, and the rules, regulationsand 
practices affecting such rates and charges, with a view to determining whether said 
rates and charges are unreasonable or otherwise unlawful, and to prescribe just, 
reasonable, and otherwise lawful rates and charges, and rules, regulations and prac- 
tices pertaining thereto, including the method, manner and form of publication and 
filing, and to make such further findings and order or orders as may be proper in the 
premises; 



Decisions and Adjustments of Complaints 187 

It Is Further Ordered, That all carriers parties to the tariff schedule herein- 
before described, as listed in the appendix hereto, as well as any others of that class 
now authorized or which may be authorized during the pendency of this proceeding 
to operate as a carrier of general commodities in intrastate commerce over fixed 
routes between points and places within the State of North Carolina, be, and they are 
hereby, made respondents to this proceeding, and that notice of this proceeding be 
served upon each of said respondents. 

By order of the Commission, 

This 16th day of September, 1946. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3760. 

Appendix to Order of September 16, 19 J 6, Docket No. 3760. 

Billings Transfer, H. C. Billings, North Wilkesboro, N. C. 

Black's Motor Express, D. J. Black, d/b/a, Wilmington, N. C. 

Blue Ridge Freight Lines, W. R. Hardbarger, d/b/a. North Wilkesboro, N. C. 

Blue Ridge Trucking Company, Nemiah and Bernard Goldstein, d/b/a, Ashe- 
viUe, N. C. 

Buckner Transfer Co., R. Frank Buckner, d/b/a, Asheville, N. C. 

Bush Transfer, Incorporated, Lenoir, N. C. 

C. &. S. Motor Express Company, E. F. Caudill, d/b/a, North Wilkesboro, N.C. 

Colonial Motor Freight Line, Inc., High Point, N. C. 

Danville & Durham Motor Freight Lines, Danville, Virginia. 

East CaroUna Freight Line, E. L. Garris, d/b/a. New Bern, N. C. 

Federal Motor Express, Joe P. & Albert Johnson, and Paul C. Webb, d/b/a, 
Mount Airy, N. C. 

Fredrickson Motor Express Corporation, Charlotte, N. C. 

Georgia-CaroUna Freight Line, C. C. Roberts and C. G. Rogers, d/b/a, Murphy, 
N.C. 

Goldston Motor Express, Incorporated, Greensboro, N. C. 

Great Southern Trucking Company, Charlotte, N. C. 

Helms Motor Express, Mrs. Mabel D. Burton, d/b/a, Albemarle, N. C. 

Henderson Motor Express, L. R. Gooch, Jr., d/b/a, Henderson, N.C 

Lipe Motor Lines, M. P. Lipe, d/b/a. Hickory, N. C. 

Miller Motor Express, W. W. Miller, Jr., d/b/a, Charlotte, N. C. 

National Chair Manufacturing Corporation, Operator of Piedmont Trucking Com- 
pany, Asheboro, N. C. 

Norfolk Southern Bus Corporation, Norfolk, Virginia. 

Overnite Transportation, James Harwood Cochrane, d/b/a, Richmond, Virginia. 

Piedmont Mountain Freight Lines, Inc., Charlotte, N. C. 

Piedmont Trucking Company, W. C. Lucas, Pearlie M. Lucas and A. B. Cox, 
d/b/a. National Chair Manufacturing Company, Lessee and Operator of, Asheboro, 
N.C. 

The Silver Fleet Motor Express, Inc., Louisville, Kentucky. 

Thurston Motor Lines, Inc., Wilson, N. C. 

Virginia Dare Transportation Co., Inc., Manteo, N. C. 
*J. W. Wilder Transfer, Mrs. F. G. Wilder, d/b/a, Greensboro, N. C. 

Winston-Elkin Motor Express, Elkin, N. C. 

* — Carrier of general commodities with radial operation of 7 miles of Greens- 
boro, N. C. 

Docket No. 3760. 



188 N. C. Utilities Commission 

APPLICATION OF A. & C. BUS LINE, INC., FOR CERTIFICATE TO TRANS- 
PORT PASSENGERS BETWEEN DERITA AND SALISBURY. 

Order 
Appearances: 

For the Applicant: 

C. W. Bundy, Attorney at Law, Charlotte, North Carolina. 

For the Protestants: 

W. B. Umstead, Attorney at Law, Durham, North CaroUna, George Uzzell, 
Attorney at Law, SaUsbury, North Carolina, E. T. Bost, Jr., Attorney at 
Law, Concord, North Carolina, and Arch T. Allen, Attorney at Law, Raleigh, 
North Carolina, for CaroUna Coach Company and Rowan-Cabarrus Bus 
Company. 

Hunter, Commissioner: This is an appUcation wherein the applicant seeks a 
certificate of public convenience and necessity for the transportation of passengers, 
their baggage, mail, light express, and newspapers, in the same vehicle with passen- 
gers, over the following routes : 

Route I — From Derita, in Mecklenburg County, over an unnumbered county 
road, via Alexander Store and Mallard Creek Church Community House, to 
the Mecklenburg-Cabarrus County Line; thence over an unnumbered county 
road in Cabarrus County, via Walker's Store, Shakespeare Harris' home, Rogers 
Store, Poplar Tent Church, Beavers Grocery Store, and Gibson Mill, entering 
Concord on a road known as Poplar Tent Road and into Concord over North 
Spring Street, Depot Street, and Church Street, to the union bus station in 
Concord. 

Route II — From the union bus station in Concord to Salisbury over an un- 
numbered road known as the Old Salisbury-Concord Road, via Mount Gilead 
Church, Bostian Crossroads, and the Rowan County Home. 

This cause came on for hearing in Kannapolis on March 28 and 29, 1946, and was 
subsequently concluded in Raleigh on May 14, 1946. During the course of the hear- 
ing approximately one hundred witnesses testified, of which about 40 testified to 
the effect that the proposed service is greatly needed and would be used by great 
numbers of people, particularly over Route I above described; and about 60 wit- 
nesses testified to the effect that the proposed service is not needed and not desired, 
particularly over Route II above described. 

The Carolina Coach Company, protestant, operates between Charlotte and Salis- 
bury over U. S. Highway 29 and 29-A, via Concord, Kannapolis, and China Grove, 
and also operates from Bostian Crossroads to Salisbury over the identical route de- 
scribed in the instant application between said points. The Rowan-Cabarrus Bus 
Company, a wholly-owned subsidiary of the Carolina Coach Company, operates 
buses, mostly for the transportation of mill hands, over the identical route described 
in the instant appUcation between Concord and Bostian Crossroads. Practically all 
of the mill hands so transported work in Kannapolis and are transported from points 
along the proposed route between Concord and Bostian Crossroads, either via Con- 
cord then to Kannapolis or via Bostian Crossroads then to Kannapolis. The Caro- 
lina Coach Company and the Rowan-Cabarrus Bus Company operate over all the 
route described herein as Route 11. The testimony was most convincing that ad- 
ditional bus service over said Route II, between Concord and Salisbury, is not needed 



Decisions and Adjustments of Complaints 189 

and that the proposed service over said route will greatly endanger the present satis- 
factory bus service over said route. 

Route I, herein described, has no bus service. The applicant now operates be- 
tween Charlotte and Derita, a distance of some 5 miles out of Charlotte, and with 
the route applied for between Derita and Concord will have a route between Charlotte 
and Concord which will, in a general way, parallel the existing route of Carolina Coach 
Company between Charlotte and Concord over U. S. Highway 29 and 29- A. The 
present route of Carolina Coach Company between said points and the proposed 
route of the appHcant between said points, while generally about parallel, traverse 
different sections and different communities and present no reasonable opportunity 
for competition between said carriers except as to passengers traveling from Charlotte 
to Concord or vice versa. 

The proposed route between Derita and Concord traverses a rather densely popu- 
lated area. The portion of the proposed route in Mecklinburg County is over a paved 
highway. The portion thereof in Cabarrus County is over an ordinary dirt road that 
at times is not suitable for bus service, particularly during unusual weather conditions. 

People living along the proposed route between Derita and Concord were well 
represented at the hearing and the testimony was ample from which to find, and 
the Commission does find, public convenience and necessity for the proposed serv- 
ice over said route and between said points. The Commission further finds from 
the testimony that the applicant is qualified in all respects required by the Statute 
to perform the proposed service over the route herein described as Route I. 

It Is Therefore, Ordered: 

1. That the application of A. & C, Bus Line, Inc., for franchise certificate 
to transport passengers, their baggage, mail, light express, and newspapers, in 
the same vehicle with passengers, over the route and between the points herein- 
above described as Route I, be, and the same is hereby, granted. 

2. That the application for operating rights over the route hereinabove de- 
scribed as Route II be, and the same is hereby, denied. 

3. That the present outstanding certificate of the applicant be amended to 
include operations over Route I as herein authorized, such certificate to be so 
amended and service to begin thereunder when the applicant shall have filed 
with the Commission its tariff applicable to said route, its schedules over the 
same, description of equipment to be used over the same, and acceptable in- 
surance covering such equipment. 



This the 15th day of July, 1946. 



Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3460. 



Stanley Winborne, Chairman 
Fred. C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



b 



190 N. C. Utilities Commission 

APPLICATION FOR APPROVAL OF SALE AND TRANSFER BY A. & C. 
BUS LINES, INC., OF CERTAIN OPERATING RIGHTS UNDER CERTIF- 
ICATE 518 AND CERTAIN OPERATING EQUIPMENT TO CAROLINA 
COACH COMPANY. 

Order 

Hunter, Commissioner: Joint application has been filed by A. & C. Bus Lines, 
Inc., as vendor, and Carolina Coach Company, as vendee, for approval of a proposed 
sale and transfer by the said vendor to the said vendee of certain operating rights 
between Concord and Sugar Creek Church in Mecklenburg County together with 
four 1942 Ford buses to which said application is attached a copy of the sales agree- 
ment between said parties. 

It appears from said application and from said sales agreement attached thereto 
that the sales price agreed upon for said operating rights and buses is $25,000 to be 
paid in full upon approval by the Commission of the proposed sale and transfer. The 
agreement also contains other provisions material to the parties, but not involving 
the rights of the Commission or affecting the interest of the public. 

Upon consideration of the apphcation, the Commission is of the opinion and finds 
that the proposed sale and transfer is not inconsistent in the public interest and should 
be approved, but that such approval should not be construed as a finding by the 
Commission as to the value of the property involved for present or future rate making 
purposes. 

It Is, Therefore, Ordered: 

1. That the proposed sale and transfer by A. & C. Bus Lines, Inc., of its operating 
rights under Certificate 518 between Concord and Sugar Creek Church in Mecklen- 
burg County via Derita together with four 1942 buses to the Carolina Coach Com- 
pany be, and the same is hereby, approved, but such approval shall not be construed 
as a finding by the Commission as to the value of said operating rights and buses 
for present or future rate making purposes. 

2. That upon notice to the Commission in writing that the proposed sale has been 
consummated that the Certificate No. 518 be amended by striking therefrom the 
following route: 

From Charlotte to Concord over Mecklenburg County Highway 11 from 
Charlotte to Derita, thence over an unnumbered county road via Alexander 
Store and Mallard Creek Church Community House to the Mecklenburg- 
Cabarrus County Line, thence over an unnumbered county road in Cabarrus 
County via Walker's Store Shakespeare Harris' home, Rogers Store, Poplar 
Tent Church, Beavers Grocery Store, and Gibson Mill, entering Concord on a 
road known as Poplar Tent Road and into Concord over North Spring Street, 
Depot Street, and Church Street, to the union bus station in Concord, and from 
Derita over Mecklenburg County Highway 116 to Sugar Creek Church on U. S. 
Highway 29. 

3. That the certificate of Carolina Coach Company be amended to include the 
route described in the preceding paragraph. 

Issued by Order of the Commission. 

This 3rd day of October, 1946. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner, 

Charles Z. Flack, Chief Clerk. 
Docket No. 3777. 



Decisions and Adjustments of Complaints 191 

CANCELLATION OF AGGREEMENT BETWEEN A. & C. BUS LINES, INC., 
AND CAROLINA COACH COMPANY, DATED JANUARY 13, 1944, RE- 
LATING TO OPERATIONS BETWEEN SUGAR CREEK CHURCH AND 
CHARLOTTE OVER U. S. HIGHWAY 29. 

Order Approving Cancellation of Agreement 

By written agreement, dated June 11, 1946, a copy of which has been filed with 
the Commission, A. & C. Bus Lines, Inc., and CaroHna Coach Company mutually 
agree by and with the approval of the Commission to cancel the agreement between 
said parties dated January 13, 1944, relating to operations of A. & C. Bus Lines, Inc., 
over U. S. Highway 29 between Sugar Creek Church and Charlotte, the franchise 
route of Carolina Coach Company, and upon the consideration thereof the same is 
in all respects approved and said agreement dated January 13, 1944, is hereby ordered 
cancelled, said cancellation to become effective on and after the first day of July, 1946. 

Issued by order of the Commission this 25th day of June, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest : 

Charles Z. Flack, Chief Clerk. 
Docket No. 2623. 

APPLICATION OF A. & W. BUS LINES FOR FRANCHISE RIGHTS TO 
TRANSPORT PASSENGERS BETWEEN CORNELIUS VIA CATAWBA 
AVENUE AND N. C. HIGHWAY NO. 73 TO TRIANGLE IN LINCOLN 
COUNTY. 

Order Dismissing Application 

Upon the suggestion of the Honorable Joe W. Ervin, attorney for the applicant, 
made in a letter addressed to the Commission dated September 19, 1944, that the 
applicant is no longer interested in procuring a franchise to operate from Cornelius 
to Triangle, said application is hereby ordered dismissed. 

By order of the North Carolina Utilities Commission. 

This the 7th day of October, 1944. 

Fred C. Hunter, Commissioner. 

Docket No. 2998. 

TRANSFER OF OPERATING RIGHTS AND PROPERTIES OF MRS. A. N. 
GRAHAM, DECEASED, UNDER FRANCHISE CERTIFICATE NO. 457 
TO LORENA GRAHAM QUINN. 

Order 

The Commission has been advised by Judge Sam M. Cathey of Asheville that Mrs. 
A. N. Graham died on the 7th day of October, 1946, leaving a last will and testament 
in which said decedent bequeathed her entire estate, including the properties and 
operating rights owned and operated under the certificate mentioned in the caption, 
to her only child, Lorena Graham Quinn, who has qualified as executrix of said will; 
and it appears that said executrix desires that said properties and operating rights 
be transferred to her individually, to the end that the transportation business hereto- 
fore conducted under the name of Mrs. A. N. Graham, d/b/a Arden Stages, may be 
continued. 



192 N. C. Utilities Commission 

Upon consideration of the facts presented, It Is Ordered: 

1. That Franchise Certificate No. 457 in the name of Mrs. A. N. Graham, 
d/b/a Arden Stages, be cancelled and that a new certificate in Ueu thereof be 
issued to Lorena Graham Quinn, d/b/a Arden Stages. 

2. That this order shall become effective and said franchise issued upon the 
filing with the Commission of proper tariff in the name of said transferee and 
upon filing with the Commission acceptable insurance covering the equipment 
to be used. 

3. That this order shall not be construed as affecting the jurisdiction of the 
court or the rights of creditors in the matter of the settlement of the estate in- 
volved. 

By order of the Commission. 

This the 9th day of December, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 
Docket No. 3853. 

DOCKET NO. 3092— APPLICATION OF ASHEVILLE-ELK MOUNTAIN 
BUS LINE, ASHEVILLE, N. C, FOR FRANCHISE CERTIFICATE TO 
TRANSPORT PASSENGERS OVER THE FOLLOWING HIGHWAYS AND 
BETWEEN THE FOLLOWING POINTS: EXTENSION OF LEICESTER 
LINE FROM PLEMMONS STORE ON N. C. HIGHWAY 63 VIA SANDY 
MUSH ROAD, PASSING MEADOWS' STORE, RANDALL'S STORE AND 
WALDROP'S STORE AT BIG SANDY MUSH AND ABOUT TWO MILES 
BEYOND TO GARRETT'S FARM, A TOTAL DISTANCE OF ABOUT 10 
MILES, AND RETURN VIA SAME ROUTE. 

DOCKET 3255— APPLICATION OF GLENN RAY, D/B/A LEICESTER BUS 
LINE, ASHEVILLE, N. C, FOR FRANCHISE CERTIFICATE TO TRANS- 
PORT PASSENGERS FROM THE INTERSECTION OF GREEN VALLEY 
ROAD WITH N. C. HIGHWAY NO. 63, OVER SAID HIGHWAY NO. 63 
VIA BIG SANDY MUSH ROAD, PASSING MEADOWS' STORE, RAN- 
DALL'S STORE AND WALDROP'S STORE AT BIG SANDY MUSH, AND 
ABOUT TWO MILES BEYOND TO GARRETT'S FARM AND RETURN. 
ALSO FOR A FRANCHISE CERTIFICATE TO TRANSPORT PASSENGERS 
FROM THE INTERSECTION OF THE JOHNSON SCHOOL ROAD WITH 
THE COUNTY HOME VIA JOHNSON SCHOOL ROAD TO JOHNSON 
SCHOOL AND VIA THE JOHNSON SCHOOL ROAD INTO COWAN'S 
COVE TO THE FOOT OF SPIVEY MOUNTAIN, AND RETURN. 

Order 

Before Commissioners Hunter and Johnson. 

Appearances: Hubert C. Jarvis, Asheville, N. C, for Asheville-Elk Mountain 
Bus Line. 
Thomas A. Uzzell, Jr., Asheville, N. C, for Leicester Bus Line. 

Johnson, Commissioner: 

Dockets Nos. 3092 and 3255 were called for hearing and without objection the 
two cases were heard at the same time with the understanding that the testimony 
offered by each applicant would be considered in support of its own application and 
in protest against the other. 



Decisions and Adjustments of Complaints 193 

It appears from the evidence that Asheville-Elk IMountain Bus Line at the present 
time is operating from Asheville to Plemmons' Store and that Glenn Ray, d/b/a 
Leicester Bus Line, is operating at the present time from Asheville to Green Valley 
Road. They are both applying for an extension of their lines to Garrett's Farm over 
N. C. Highway No. 63 which is known as Sandy Mush Highway. 

The applicants offered evidence which convinced the Commission that public 
transportation is needed over the route apphed for from Plemmons' Store to Gar- 
rett's Farm. From the evidence offered the Commission is of the opinion that the 
public would be greatly benefited if the Leicester Bus Line were permitted to operate 
from Green Valley Road to Plemmons' Store. At the present time Leicester Bus 
Line is turning around at Green Valley Road. If they were permitted to operate on 
to Plemmons' Store it would give the residents in the vicinity of Plemmons' Store 
additional service into Asheville. 

The Commission further finds that there is demand for transportation over that 
part of the route applied for by Leicester Bus Line from the intersection of Johnson 
School Road with the County Home Road via Johnson School Road to Johnson 
School, and by Johnson School Road to the foot of Spivey Mountain and return. 
Convenience and necessity having been found. 

It Is, Therefore, Ordered: 

1. That the application of Glenn Ray, d/b/a Leicester Bus Line, Docket No. 
3255, for franchise certificate to operate as motor vehicle carrier for the transporta- 
tion of passengers from the intersection of Green Valley Road with N. C. Highway 
63, via N. C. Highway 63 or Big Sandy Mush Road, passing Meadows' Store, Ran- 
dall's Store and Waldrop's Store to Big Sandy Mush about two miles beyond Gar- 
rett's Farm and return over the same route be denied, except that part of the appli- 
cation from the intersection of N. C. Highway 63 with Green Valley Road via N. C. 
Highway 63 to Plemmons' Store which is hereby granted, and from the intersection 
of Johnson School Road with County Home Road via Johnson School Road to 
Johnson School and via Johnson School Road to foot of Spivey Mountain and re- 
turn which is hereby granted. 

2. That the application of Asheville-Elk Mountain Bus Line, Docket No. 3092, 
for franchise certificate to transport passengers from Plemmons' Store on N. C. 
Highway 63 via Sandy Mush Road, passing Meadows' Store, Randall's Store and 
Waldrop's Store at Big Sandy Mush and about two miles beyond to Garrett's Farm 
and return via same route be, and the same is, h reby granted. 

3. That franchise certificates as herein authorized be granted in Docket No. 3092 
and Docket No. 3255 when the applicants have complied with the rules and regula- 
tions of this Commission. 



This 18th day of April, 1945. 



Attest: 

Charles Z. Flack, Chief Clerk. 
Dockets Nos. 3092 and 3255. 



13 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnsox, Commissioner. 



194 N. C. Utilities Commission 

APPLICATION OF A. B. ATKINS AND W. CARLOS THOMAS FOR FRAN- 
CHISE CERTIFICATE TO TRANSPORT PASSENGERS OVER VARIOUS 
HIGHWAYS LEADING OUT OF SANFORD. 

Order 
Appearances: 

For the Applicant: 

W. P. Horton, Pittsboro, North Carolina. 
Warren F. Olmsted, Sanford, North Carolina. 



For the Protestants: 
Bunn & Arendell, Raleigh, North Carolina 
W. A. Leland McKeithen, Pinehurst, North Carolina. 
E. L. Gavin, Sanford, North Carolina. 
H. M. Jackson, Sanford, North Carolina. 



Queen City 
Coach Company 



M. G. Boyette, Carthage, North Carolina. 

Neill McK. Salmon, Lillington, North Carolina. CaroUna Coach 

D. B. Teague, Sanford, North Carolina. )- Company 

William B. Umstead, Durham, North Carolina. 

Arch T. Allen, Raleigh, North Carolina. 

W. R. Williams, Sanford, North Carolina, for A. & W. Railroad Company. 

Hunter, Commissioner: At the call of the above application for hearing on 
February 15, 1946, in Raleigh, the applicants were allowed to amend their appUcation 
by striking out the proposed routes (1) from Seminole on U. S. Highway 421 to 
Lillington; (2) from Carthage to Pinehurst over U. S. Highway 15 and 501, thence 
to Southern Pines over N. C. Highway 2; (3) from the intersection of U. S. Highway 
421 and Cumnock Road over U. S. 421 to Gulf; leaving for consideration the routes 
particularly described in paragraph 1 of the order herein. 

The application was strongly opposed by CaroHna Coach Company, Queen City 
Coach Company, and A. & W. Railroad Company, all of whom were made parties 
to the proceeding. The application, as amended, duplicates the franchise route of 
Carolina Coach Company from Sanford to Seminole over U. S. Highway 421 via 
Jonesboro, and from Jonesboro to Tramway over N. C. 78, thence over U. S. 15 and 
501 to the point where U. S. 1, 15 and 501 diverge 2 miles southwest of Tramway. 
It duplicates the franchise route of Queen City Coach Company over U. S. Highway 
421 from Jonesboro through Sanford to the intersection of the Cumnock Road north- 
west of Sanford, and from Tramway to Cameron over U. S. Highway 1. The ap- 
pUcation parallels the rail line of A. & W. Railroad Company from Sanford to Semi- 
nole. 

In addition to the various exhibits offered by applicants and protestants, said 
parties offered oral testimony from approximately 30 witnesses, some of whom testi- 
fied to the effect that the proposed service is greatly needed to accommodate indus- 
trial workers and others whose need for local service has not been provided by the prot- 
estants. Others testified to the effect that the existing service of the protestants is am- 
ple to meet all reasonable demands and needs for local service. The protestants pro- 
pose to provide any additional service over their respective lines that public conven- 
ience and necessity may require. They also offered testimony tending to show that the 
service proposed by the applicants will adversely affect the revenue and earnings of 
the protestants, but not to the extent of making their respective system operations 
unprofitable. 



Decisions and Adjustments of Complaints 195 

Upon consideration of all the testimony and the contentions of the respective 
parties, the Commission is of the opinion and finds that the local service proposed by 
the appUcants is in the public interest and under present conditions will not seriously 
affect the earnings or the services being rendered by the protestants. The A. & W. 
Railroad Company may be able to render a superior service over its rail line, but it 
cannot render the service contemplated by the present application for the reason 
that highway travel has its conveniences and advantages which should not be denied 
the traveling public. The protesting motor carriers both serve a very large area in 
the state, and under the present crowded condition of the buses are not in a position 
to put on additional schedules or perform additional local service in and around 
Sanford over the routes set out in the application. 

It Is, Therefore, Ordered: 

1. That the applicants, A. B. Atkins and W. Carlos Thomas, be, and they are, 
hereby granted franchise rights to transport passengers over the following highways 
and between the following points: From Sanford over U. S. 421 to the intersection of 
the Cumnock Road, thence over said Cumnock Road to the Cumnock community; 
from Sanford over an unnumbered county road to Colon; from Sanford over U. S. 
421 via Jonesboro to Seminole; from Jonesboro over N. C. 78 to Tramway; from 
Tramway over U. S. Highway 1 to Cameron, thence over an unnumbered highway 
to Carthage and return over the same route. 

2. That franchise certificate be issued to said applicants authorizing the transpor- 
tation of passengers over routes above described upon comphance by the appHcants 
with the rules and regulations of the Commission, and particularly with respect to 
filing their equipment with the Commission, together with insurance covering the 
same and the publication of tariffs. 

By Order of the N. C. Utilities Commission. 

This the 13th day of May, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, ChieJ Clerk. 

Docket No. 3433. 

APPLICATION OF A. B. ATKINS AND W. CARLOS THOMAS FOR AU- 
THORITY TO TRANSFER RIGHTS GRANTED IN THIS CAUSE TO 
SANFORD BUS LINES, INC. 

Order 

Hunter, Commissioner :Upon application filed in this cause by A. B. Atkins 
and W. Carlos Thomas, filed with the Commission on the date hereof, it appears that 
subsequent to the Commission's order herein, dated May 13, 1946, said petitioners 
have formed a corporation under the laws of the State of North CaroUna to be known 
as Sanford Bus Lines, Inc., with its principal office at Sanford, North Carolina, with 
W. Carlos Thomas as President and Virginia F. Thomas as Secretary-Treasurer, 
both of whom reside in Sanford. It further appears from said application that the 
property owned by said corporation and with which it is to commence business con- 
sists of four buses valued by said applicants at S9,600, miscellaneous personal property 
valued at $500, and $4,000 in cash, which estimated value does not include the value 
of franchise rights held by said applicants; and by said application said applicants 



196 N. C. Utilities Commission 

seek the approval of the Commission of the transfer to said corporation any and all 
operating rights granted to them by the Commission in its order in this cause, dated 
May 13, 1946, and that franchise certificate be issued to said corporation. 

Upon consideration of said application, the Commission is of the opinion that the 
same is not inconsistent with the interest of the public and should be approved. 

It Is, Therefore, Ordered: 

1. That any and all rights heretofore granted by the Commission to A. B. Atkins 
and W. Carlos Thomas by the Commission's order in this cause, dated May 13, 1946, 
be, and the same are, hereby transferred to Sanford Bus Lines, Inc., and that a fran- 
chise certificate, as authorized in said order, dated May 13, 1946, be issued to said 
corporation. 

2. That the approval of the application herein shall not be construed as a finding 
or as a representation by the Commission as to the value of stock issued or to be 
issued by said corporation; neither shall it be construed as a finding or as approval 
by the Commission as to the value of the property transferr d to and now held by 
said corporation for rate making purposes. 

Issued by Order of the North Carolina Utilities Commission. 

This the 11th day of June, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3433. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR A 
FRANCHISE CERTIFICATE TO TRANSPORT PASSENGERS OVER THE 
FOLLOWING HIGHWAYS AND BETWEEN THE FOLLOWING POINTS: 
MOCKSVILLE, NORTH CAROLINA, TO MOORESVILLE, NORTH CARO- 
LINE, VIA U. S. 601 FROM MOCKSVILLE TO ITS JUNCTION WITH 
N. C. 801 TO MOORESVILLE AND RETURN. 

Order 
Before Commissioner Johnson. 

Appearances: For Applicant: I. M. Bailey, Raleigh, N. C. 
For Protestants: None. 

The applicant in this cause seeks motor vehicle franchise rights to transport pas- 
sengers from Mocksville to Mooresville via U. S. 601, from Mocksville to its junction 
with N. C. 801; thence N. C. 801 to Mooresville and return. 

The evidence clearly estabUshes the existence of public convenience and necessity 
for granting passenger franchise rights over said highways and between the termini 
heretofore set out; that the applicant is qualified in all particulars required by law 
to establish and maintain the service contemplated in said appUcation. 

Therefore, It Is Ordered, That upon proper compliance with the rules and 
regulations of this Commission a franchise certificate be issued to the Atlantic Grey- 



Decisions and Adjustments of Complaints 197 

hound Corporation for the operation of motor vehicles for the transportation of pas- 
sengers over the routes as set out in detail in the application and in the caption hereof. 
This 17th day of October, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

R. O. Self, Chief Clerk. 

Docket No. 3167. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR FRAN- 
CHISE CERTIFICATE TO TRANSPORT PASSENGERS, LIGHT EXPRESS 
MAIL AND BAGGAGE OF PASSENGERS IN THE SAME VEHICLE OVER 
N. C. HIGHWAY NO. 26 BETWEEN SHELBY AND GROVER, N. C. 

Order 
Before The Full Commission. 
Appearances: For Applicant: 

I. M. Bailey, Raleigh, N. C. 
O. M. Mull, Shelby, N. C. 
For Protestant: 

L. B. Hollowell, Gastonia, N. C. 
Henry B. Edwards, Shelby, N. C. 
For Queen City Coach Company 

Johnson, Commissioner: 

This cause arises upon the application of the Atlantic Gi-eyhound Corporation 
for franchise certificate to transport passengers, light express, mail and baggage of 
passengers in the same vehicle over N. C. Highway 26 between Shelby and Grover, 
N. C. 

The Queen City Coach Company appeared as i)rotestant to the granting of the 
application applied for. The protest of the Queen City Coach Company was based 
upon the fact that Queen City Coach Company is now operating between Charlotte 
and Shelby over Highway 74 and that the granting of the application as applied 
for would give to the applicant a competitive route between Shelby and Charlotte 
with a very little difference in distance over the two routes. 

The Commission finds that convenience and necessity has been shown between 
Grover and Shelby, but that convenience and necessity does not warrant through 
bus service between Shelby and Charlotte via Grover, 

It Is, Therefore, Ordered, That franchise certificate be issued to Atlantic Gre.y- 
hound Corporation to operate as motor vehicle carrier of passengers over N. C. 
Highway 26 between Shelby and Grover, N. C, with the provision that no through 
bus service be rendered by the applicant between Shelby and Charlotte via Grover . 

This 5th day of June, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3249. 



198 N. C. Utilities Commission 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION IN THE 
MATTER OF APPLICATION OF ATLANTIC GREYHOUND CORPORA- 
TION AND CAROLINA COACH COMPANY FOR APPROVAL OF LEASE 
AGREEMENT RELATING TO OPERATIONS OVER U. S. HIGHWAY 
NO. 70 BETWEEN RALEIGH AND CLAYTON. 

Order 

The Atlantic Greyhound Corporation, as lessor, and the Carolina Coach Company, 
as lessee, entered into an agreement dated the 19th day of March, 1945, a copy of 
which has been filed with the Commission, which said agreement provides, subject 
to certain conditions set forth therein, for the transportation of passengers between 
Raleigh and Clayton, Clayton and Raleigh, Garner and Clayton, and Clayton and 
Garner by the said lessee, which service it is not now authorized to perform by reason 
of certain restrictions in its franchise certificate between said points, said agreement 
to terminate at the expiration of sixty days after official declaration by duly-con- 
stituted Federal authorities of the termination of the existing emergency arising out 
of the war. 

Upon consideration of said agreement, the Commission is of the opinion that the 
same is in the public interest and should be approved; and it is so ordered. 

This the 17th day of July, 1945. 

Fred C. Hunter, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3353. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR AP- 
PROVAL OF ISSUANCE OF PREFERRED STOCK. 

Order 

The Atlantic Greyhound Corporation, having filed with the Commission a petition 
which sets out, in substance, that its charter has been amended authorizing, among 
other things, the issuance of 35,000 shares of cumulative preferred stock; that it now 
has outstanding 17,000 shares of 7 per cent preferred stock subject to call and re- 
demption by paying the sum of $100 per share, plus accrued dividends, and that it 
proposes to issue and sell 17,000 shares of the now authorized 35,000 shares 4 per cent 
cumulative preferred stock at a price of $100 per share, plus accrued dividends from 
August 15, 1945, to the date of payment, the underwriting expense of $2.25 per share 
and the fees and expenses of counsel for the underwriters, at the initial public offering 
price of $105 per share, plus accrued dividends, the proceeds therefrom to be used to 
redeem and retire said outstanding 17,000 shares of 7 per cent preferred stock, which 
said sale of preferred stock the Commission is asked to approve. 

Upon consideration of the petition, the Commission is of the opinion and finds 
that the issuance and sale of 17,000 shares of 4 per cent cumulative preferred stock, 
as proposed, and for the purpose set out in the petition, is for a lawful purpose within 
the corporate powers of the petitioner, is compatible with the public interest, is con- 
sistent with the proper performance of its service as a common carrier of passengers 
by motor vehicle, will not impair its abihty to perform said service, and is reasonably 
necessary and appropriate for that purpose. 

It Is, Therefore, Ordered: 

1. That the Atlantic Greyhound Corporation, petitioner, be, and it is hereby, 
authorized to issue and sell 17,000 shares 4 per cent cumulative preferred stock at 
the price afoiesaid and for the purpose aforesaid. 



Decisions and Adjustments of Complaints 199 

2. That nothing herein shall be construed as a representation or guarantee on the 
part of the Commission or the State of North Carolina with respect to the value of 
said stock or the payment of dividends thereon. 
By order of the N. C. Utilities Commission. 
This the 17th day of January, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3477. 
ATLANTIC GREYHOUND CORPORATION MAKING CHARTER TRIPS. 

Order 

Whereas, information has come to the Commission from time to time that the 
Atlantic Greyhound Corporation has not been able to furnish sufficient seats for the 
passengers riding its franchise routes in North Carolina, and in fact, has been leaving 
passengers along its routes, and 

Whereas, it is necessary for the preservation of the transportation system of 
passengers by bus in North Carolina, and in order for the Atlantic Greyhound Corpo- 
ration to more nearly furnish adequate transportation service to the riding pubUc 
on its franchise routes in North Carolina; it is therefore 

Ordered, that the Atlantic Greyhound Corporation cease and desist from the 
operation of charter or casual trips in North Carolina from October 1, 1946, until it 
has sufficient equipment to afford ample seating capacity to its riding public and 
until permission is secured from the Commission. 

By order of the Commission. 

This the 26th day of September, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 
Docket No. 3436. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR AU- 
THORITY TO TRANSPORT PASSENGERS, MAIL, LIGHT EXPRESS AND 
BAGGAGE OF PASSENGERS IN SAME VEHICLE WITH PASSENGERS 
FROM JUNCTION OF U. S. 64 AND N. C. 55 TO THE JUNCTION OF U. S. 
64 AND U. S. 1 VIA N. C. 55 AND U. S. 1 THROUGH THE TOWN OF APEX; 
TO ABANDON CERTIFICATE FROM JUNCTION OF U. S. 64 AND N. C. 
55 TO JUNCTION U. S. 64 AND U. S. 1 VIA U. S. 64. 

Order 
Before Commissioners Hunter and Johnson. 
Appearances: For the Applicant: 

Mr. I. M. Bailey, Attorney, Raleigh, N. C. 
Protestants: None. 

Johnson, Commissioner: 

This cause came on to be heard in the Hearing Room of the North Carolina Utili- 
ties Commission on the 12th day of September, 1946. No protest was filed to th« 
granting of the application. 



200 N. C. Utilities Commission 

The applicant proposes to tiansport passengers, mail, light express and baggage 
.of passengers in same vehicle with passengers from junction of U. S. 64 and N. C. 
55 to junction of U. S. 64 and U. S. 1 via N. C. 55 and U. S. 1 through the Town of 
Apex. The applicant further seeks authority to abandon its certificate from junction 
of U. S. 64 and N. C. 55 to junction of U. S. 64 and U. S. 1 via LL S. 64, a distance of 
two miles. 

That part of the applicant's certificate v.'hich it desires to abandon serves very few 
people along U. S. 64. By abandoning this part of its certificate and operating 
through .the Town of Apex the applicant will serve many more people than are served 
by its present operation along U. S. 64. Convenience and necessity having been 
shown; 

It Is, Therefore, Ordered: 

1. That the application of the Atlantic Gre3^hound Corporation to transport pas- 
sengers, mail, light express and baggage of passengers in the same vehicle with passen- 
gers from junction of U. S. 64 and N. C. 55 to junction of U. S. 64 and U. S. 1 via 
N. C. 55 and U. S. 1 through the Town of Apex be, and the same is hereby, granted; 
that the present certificate of applicant be amended when it has complied with the 
rules and regulations of this Commission. 

2. That the application of the Atlantic Greyhound Corporation to abandon its 
certificate from junction of U. S. 64 and N. C. 55 to junction of U. S. 64 and U. vS. 1 
via U. S. 64, a distance of two miles, be, and the same is hereby, granted. 

This 18th day of Septembei-, 1946. 

Stanley Winborne, Chamnan 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3603. 

OPERATION OF SERVICE BETWEEN CREEDMOOR, NORTH CAROLINA 
AND CAMP BUTNER, NORTH CAROLINA OVER FRANCHISE GRANT- 
ED ATLANTIC GREYHOUND CORPORATION. 

Order 
This matter coming on to be considered by the Commission upon ])etition of the 
Atlantic Greyhound Corporation herein, and upon representations made to members 
of the Commission and upon said consideration, the Commission finds that prior to 
May 1, 1946 the Com.manding Officer of Camp Butiier, a military establishment lo- 
cated near Creedmoor, North Carolina, advised the Atlantic Greyhound Corporation 
representatives that further service between said military establishment and Creed- 
moor would not be required because of the fact that only eight officers and two hun- 
dred enlisted men are now stationed at said military establishment and the the mili- 
tary establishment could and would furnish service to Creedmoor for any of the per- 
gonnel at Camp Butner requiring said service; that the Commission has heretofore 
issued to the Atlantic Greyhound Corporation a certificate to operate between Camp 
Butner and Creedmoor and the War Department has issued permit to the Atlantic 
Greyhound Corporation to operate within said military establishment; that as of 
May 1, 1946 the Atlantic Greyhound Corporation discontinued service between 
Camp Butner and Creedmoor and that the discontinuance of said service was and ia 



I 



Decisions and Adjustments of Complaints 201 

necessary under the permit issued to the Atlantic Greyhound Corporation and is 
proper because of lack of demand and the continuance of said service is not required 
by public convenience and necessity: 

It Is Now, Therefore, Ordered that the abandonment of bus service by the 
Atlantic Greyhound Corporation between Camp Butner and Creedmoor, North 
Carolina is authorized and the action of the Atlantic Greyhound Corporation in dis- 
continuing said service is approved, subject, however, to the reestablishment of serv- 
ice between Camp Butner and Creedmoor at any time or times in the future as may 
be ordered by the Commission. 
This the 14th day of May, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Comtnissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3631. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION TO TRANS- 
PORT PASSENGERS, MAIL, LIGHT EXPRESS AND BAGGAGE OF PAS- 
SENGERS IN SAME VEHICLE WITH PASSENGERS FROM JUNCTION 
OF N. C. 59 AND NEW U. S. 1, APPROXIMATELY THREE MILES EAST 
OF RALEIGH, N. C, TO THE JUNCTION OF NEW U. S. 1 AND OLD U. S. 
1, APPROXIMATELY SE\^N AND ONE-HALF TITLES NORTH OF 
RALEIGH, VIA U. S. 1. 

Order 
Before Commissioners Hunter and Johnson, 
Appearances: For the Apphcant: 

Mr. I. M. Bailey, Attorney, Raleigh, N. C. 
Protestants: None. 

Johnson, Commissioner: 

The applicant proposes to transport passengers, mail, light express and baggage 
of passengers in the same vehicle with passengers from junction of N. C. 59 and new 
U. S. 1, approximately three miles East of Raleigh, N. C, to the junction of new 
U. S. 1 and old U. S. 1, approximatsly seven and one-half miles North of Raleigh, 
via U. S. 1. The applicant proposes to operate the majority of its Richmond-Raleigh 
trips and extra sections over the route applied for. At the present time the applicant 
is operating fourteen trips per day over this route. The route over which the appli- 
cant is applying for franchise certificate is a new improved highway and if the appli- 
cation is granted will enable the apphcant to operate this mileage at a saving of time 
and equipment. However, the applicant proposes to operate its Henderson-Louisburg 
trips and one Raleigh-Richmond trip over old U. S. 1. Convenience and necessity 
having been shown; 

It Is, Therefore, Ordered, That the application of the Atlantic Greyhound 
Corporation to transport passengers, mail, light express and baggage of passengers 
in the same vehicle with passengers from junction of N. C. 59 and new U. S. 1, ap- 
proximately three miles east of Raleigh, N, C, to the junction of new U. S. 1 and old 
U. S. 1, approximately seven and one-half miles North of Raleigh, via new U. S. 1, 
be, and the same is hereby, granted; that the present certificate of the apphcant be 



202 N. C. Uttlitieb Commission 

amended when the applicant has complied with the rules and regulations of this 
Commission. 



This 18th day of September, 1946. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3723. 

A LEASE AGREEMENT BETWEEN ATLANTIC GREYHOUND CORP. 
AND A. & C. BUS LINES, INC. 

Order Approving Agreement 
The Atlantic Greyhound Corp. and the A. & C. Bus Lines, Inc., having entered 
into an agreement dated the 15th day of September, 1944, a copy of which is on 
file with the Commission in Docket No. 2623, to which said agreement reference is 
hereby made, by the terms of which the said A. & C. Bus Lines, Inc., is permitted to 
operate in the transportation of passengers between Davidson and Charlotte over 
U. S. Highway No. 21, the franchise route of the Atlantic Greyhound Corp., subject 
to the condition set out in said agreement, and same having been considered by the 
Commission, 

It Is,Therefore, Ordered : 

1. That the aforesaid agreement, be, and the same is hereby approved, and the 
said A. & C. Bus Lines, Inc., authorized to operate thereunder subject to conditions 
thereof. 

2. That A. & C. Bus Lines, Inc., deliver its franchise certificate to the Commission 
to the end that the same may be amended by noting said agreement thereon. 

3. That the A. & C. Bus Lines, Inc., commence operation under said agreement 
only after receipt of its franchise certificate amended as aforesaid. 

By Order of the N. C. Utilities Commission. 

This October 13th, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

R. O. Self, Chief Clerk. 

Docket No. 2623. 

APPLICATION FOR APPROVAL FOR EXTENSION OF OPERATING 
AGREEMENT BETWEEN THE ATLANTIC GREYHOUND CORPORA- 
TION AND THE A. & C. BUS LINES, INC. 

Order 

It appears that the Commission has heretofore approved certain operating agree- 
ments between the Atlantic Greyhound Corporation and A. & C. Bus Lines, Inc., 
whereby the latter is permitted to operate over the franchise route of the former 
between Davidson and Huntersville over U. S. Highway No. 21, a copy of which 
said agreements and the Commission's order approving the same are on file in Docket 



Decisions and Adjustments of Complaints 203 

No. 2623. It further appears that the parties now desire to extend the existing oper- 
ating agreement between them to August 31, 1947, and to that end have filed with 
the Commission an extension agreement dated March 25, 1946. Upon considera- 
tion thereof, the Commission is of the opinion that the same should be approved; 
And It Is So Ordered. 
This 3rd day of April, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 2623. 

APPLICATION OF THE ATLANTIC GREYHOUND CORPORATION FOR 
AUTHORITY TO ENTER INTO AN EXTENSION AGREEMENT WITH 
JOHN LOY, d/b/a CITY BUS COMPANY, HENDERSONVILLE. 

Order 

Now comes the Atlantic Greyhound Corporation, through its attorneys. Bailey, 
Holding, Lassiter and Langston, and requests an extension of an agreement between 
the Atlantic Greyhound Corporation and John Loy, d/b/a City Bus Company, 
that has been in force since November 1, 1942. This extension agreement authorizes 
John Loy to perform certain intrastate service over U. S. Highway No. 25 between 
Hendersonville and Tuxedo. 

Now Therefore It Is Ordered, That the above agreement be extended for one 
year as requested beginning November 1, 1946. 

By Order of the Commission, 

This the 6th day of December, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Docket No. 2810. Charles Z. Flack, Chief Clerk. 

AGREEMENT BETWEEN THE ATLANTIC GREYHOUND CORP. AND 
JOHN L. LOY d/b/a CITY BUS CO., HENDERSONVILLE, N. C. 

Order 
Certain operation agreements have been entered into between the Atlantic Grey- 
hound Corp. and John L. Loy, Hendersonville, N. C, d/b/a City Bus Co., by which 
said Loy was authorized to operate certain schedules over the franchise route of the 
Atlantic Greyhound Corp. between Hendersonville and Brevard. These agreements 
were approved by the UtiUties Commission, but the Office of Defense Transportation 
declined to approve the same, a necessary prerequisite to operations under said 
agreement. 

Upon this state of facts the Atlantic Greyhound Corp. has petitioned this Com- 
mission to cancel its approval of said agreements without prejudice to the right of 
the parties to enter into agreements in the future to the same end, and it is so Ordered. 
This the 24th day of May, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3023. 



204 N. C. Utilities Commission 

APPLICATION FOR APPROVAL OF LEASE AGREEMENT BETWEEN 

ATLANTIC GREYHOUND CORPORATION AND H. D. McLEAN, d/b/a 

HENDERSON BUS LINE. 

Order 

The Atlantic Greyhound Corporation, as lessor, and H. D. McLean, d/b/a, Hen- 
derson Bus Line, as lessee, have entered into an agreement dated the 10th day of 
April, 1946, relating to local intrastate transportation of passengers by the said lessee 
over the franchise route of the said lessor between Henderson and Louisburg over 
N. C. Highwa3'S 39 and 59 and between Louisburg and Franklinton over N. C. 
Highways 59 and 56, a copy of which said agreement, together with a petition 
for approval thereof, has been filed with the Commission, and upon consideration 
thereof, the Commission is of the opinion that said agreement will serve a useful, 
lawful purpose. 

It Is, Therefore, Ordered that said agreement be, and the same is hereby, ap- 
proved for the purposes therein expressed, subject to the right of the Commission 
to exercise, in its discretion, all powers and duties now or hereafter conferred upon 
it by law with respect to the subject matter thereof, notwithstanding said agreement. 

This 18th day of April, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Attest: Fred C. Hunter, Commissiover. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3593. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR AU- 
THORITY TO ENTER INTO A LEASE AGREExMENT WITH JOHN L. 
GILMER AND EMMA J. GILMER, HIS WIFE, AND POWELL GILMER 
AND DAISY V. GILMER, HIS WIFE, A PARTNERSHIP TRADING AND 
DOING BUSINESS AS INDEPENDENT BUS LINES, WINSTON-SALEM, 
NORTH CAROLINA. 

Order 
Upon consideration of the agreement filed with the Commission in this cause and 
the Commission being of the opinion that the proposed local service between Win- 
ston-Salem and Clemmons, as provided in said agreement, is needed and should be 
approved subject to the continuing right of the Commission to act as exigencies may 
require, it is so ordered. 

This 30th day of May, 1945. 

NORTH CAROLINA UTILITIES COALMISSION 
Attest: Fred C, Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3335. 

APPLICATION FOR APPROVAL OF EXTENSION OF LEASE AGREEMENT 
BETWEEN ATLANTIC GREYHOUND CORPORATION AND EDWIN 
C. KING, GREENVILLE, SOUTH CAROLINA. 

Order 
It appears that the Commission has heretofore approved certain operating agree- 
ments between the Atlantic Greyhound Corporation and Edwin C. King of Green- 
ville, South Carolina, a copy of which said agreement and the Commission's order 
approving the same are on file with the Commission. It further appears that the 



Decisions and Adjustments of Complaints 205 

parties now desire to extend said existing operating agreement between them to 
December 31, 1950, and to that end have filed with the Commission an agreement of 
renewal of lease dated August 1, 1946. Upon consideration thereof, the Commission 
is of the opinion that the same should be approved; And It Is So Ordered. 
This 8th day of October, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 2722. 

PETITION FOR APPROVAL OF LEASE EXTENSION BETWEEN AT- 
LANTIC GREYHOUND CORP. AND H. D. McLEAN d/b/a LENOIR MO- 
TOR COACH CO. 

Order 

The above named parties under date of August 1, 1942, entered into an agreement 
providing for certain local service in the Lenoir Area for a period of three years, or 
until July 31, 1945, a copy of which said agreement and the approval of the same by 
the Commission are on file in Docket 3093. 

The parties now desire to extend said agreement for an additional period of two 
years, or until July 31, 1947, under the same terms and conditions, and have entered 
into an agreement to that effect, a copy of which said agreement dated Ma}- 23, 
1945, has been filed with the Commission for approval. 

Upon consideration Of past performance, the harmonious relation between the 
parties and the continuing need for the local service to be provided, the Commission 
is of the opinion that said agreement dated May 23, 1945, should be approved, and 
it is so Ordered. 

This the 7th day of June, 1945. 

Fred C. Hunter, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3093. 

APPLICATION FOR APPROVAL OF LEASE AGREEMENT BETWEEN AT- 
LANTIC GREYHOUND CORPORATION AND H. D. McLEAN, d/b/a 
. LENOIR MOTOR COACH COMPANY. 

Order 

The Atlantic Greyhound Corporation, as lessor, and H. D. McLean, d/b/a, Le- 
noir Motor Coach Company, as lessee, have entered into an agreement dated the 
first day of April, 1946, relating to local intrastate transportation of passengers by 
the said lessee over the franchise routes of the lessor between Lenoir and Morganton 
over N, C. Highway 18 and between Lenoir and Taylorsviile over N. C. Highway 90, a 
copy of which said agreement, together with a petition for approval of same, has been 
filed with the Commission, and upon consideration thereof, the Commission is of the 
opinion that said agreement will serve a lawful, useful purpose. 

It Is, Therefore, Ordered that said agreement be, and the same is hereby, ap- 
proved for the purposes therein expressed, subject to the right of the Commission 



206 N. C. Utilities Commission 

to exercise, in its discretion, all powers and duties now or hereafter conferred upon 
it by law with respect to the subject matter thereof, notwithstanding said agreement. 
This 18th day of April, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3093. 

PETITION FOR APPROVAL OF EXTENSION OF OPERATING AGREE- 
MENT BETWEEN ATLANTIC GREYHOUND CORPORATION AND 
PARKWAY BUS COMPANY, INC. 

Order 
It appearing from the petition filed in this cause that the Atlantic Greyhound 
Corporation and Parkway Bus Company, Inc., under date of April 29, 1946, entered 
into certain agreements, copies of which are attached to the petition, providing for ex- 
tension of existing operating agreements between said parties; that is to say, an exten- 
sion of an agreement dated May 7, 1941, to terminate on May 6, 1949, and an 
extension of an agreement dated January 3, 1942, to terminate on May 6, 1949, 
and it appearing to the Commission that said agreements have and will continue 
to serve a useful purpose in the public interest and that the proposed extensions 
should be approved. It Is So Ordered. 
This 31st day of May, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Dockets No. 2032-A and 2032-B. . 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR AU- 
THORITY TO EXTEND LEASE AGREEMENT WITH R. & R. TRANSIT 
COMPANY. 

Order 
Application in the above matter having been filed with the Commission, wherein 
the Atlantic Greyhound Corporation as lessor and R. & R. Transit Company as 
lessee propose, with the approval of the Commission, to extend a lease agreement 
between said parties dated March 12, 1942, and which expired March 12, 1945, for a. 
term of two years from the expiration of said lease or until March 12, 1947, the orig- 
inal lease agreement and the agreement to extend the same until March 12, 1947, are 
on file with the Commission, and the same having been considered; 

It Is Ordered that said lease agreement between the Atlantic Greyhound Corpo- 
ration and R. & R. Transit Company dated February 3, 1945, a copy of which is on 
file with the Commission, be, and the same is hereby, approved. 
This the 23rd day of March, 1945. 

N. C. UTILITIES COMMISSION 
Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 2539. 



Decisions and Adjustments of Complaints 207 

LEASE AGREEMENT BETWEEN THE ATLANTIC GREYHOUND CORPO- 
RATION, LESSOR, AND THE SUBURBAN TRANSIT LINES, INC., 
LESSEE, RELATING TO OPERATIONS BETWEEN WINSTON-SALEM 
AND CLEMMONS OVER U. S. HIGHWAY NO. 158. 

Order 

It appearing to the Commission that the Atlantic Greyhound Corporation and 
Independent Bus Lines entered into a lease agreement dated May 1, 1945, a copy of 
which was filed with the Commission and approved by order dated May 30, 1945, 
which said agreement provided for the operation of certain schedules between Win- 
ston-Salem and Clemmons by Independent Bus Lines over U. S. Highway No. 
158 between said points, the same being over the franchise route of the Atlantic 
Greyhound Corporation, all of which will appear by reference to the records of the 
Commission in Docket No. 3335; and it further appearing to the Commission that 
Independent Bus Lines, a partnership composed of Powell Gilmer and others, 
was subsequently dissolved by the death of said Powell Gilmer, necessitating the 
cancellation of said agreement and the order approving the same; and it further ap- 
pearing that the Atlantic Greyhound Corporation, as lessor, and the Suburban 
Transit Lines, Inc., duly licensed franchise carrier of passengers, as lessee, entered 
into a lesse agreement dated December 1, 1945, a copy of which has been filed with 
the Commission, providing for the operation by the said lessee of stated schedules 
between Winston-Salem and Clemmons over U. S. Highway No. 158, the franchise 
route of the lessor, the service contemplated being substantially the same as that 
heretofore provided by Independent Bus Lines over said route and between said 
points under the agreement filed with and approved by the Commission as aforesaid; 
and upon consideration of said lease agreement, dated December 1, 1945, the Com- 
mission is of the opinion that the same is in the public interest and should be approved. 

It Is, Therefore, Ordered: 

1. That the lease agreement heretofore entered into between Atlantic Greyhound 
Corporation and Independent Bus Lines, dated May 1, 1945, and the Commission's 
order approving the same, dated May 30, 1945, as appear in Docket No. 3335, be, 
and the same are hereby, cancelled; 

2. That the lease agreement entered into between the Atlantic Greyhound Corpo- 
ration, as lessor, and the Suburban Transit Lines, Inc., as lessee, dated the 1st day 
of December, 1945, providing for the operation of stated schedules by the said lessee 
between Winston-Salem and Clemmons over U. S. Highway No. 158, the franchise 
route of the said lessor, be, and the same is hereby, approved subject to the continu- 
ing right of the Commission to act as exigencies may require. 

This 12th day of December, 1943. 

NORTH CAROLINA UTILITIES COMMISSION 
Attest: Fred C. Hunter, Commissioner. 

Elsie Riddick, AssH. Chief Clerk. 

Docket No. 3462. 

LEASE AGREEMENT BETWEEN ATLANTIC GREYHOUND CORPORA- 
TION AND SUBURBAN TRANSIT LINES, INC. 

Order 
The Atlantic Greyhound Corporation, as lessor, and Suburban Transit Lines, 
Inc., as lessee, entered into a lease agreement dated February 1, 1946, a copy of 
which has been filed with the Commission in this cause, which provides in substance 



208 X. C. Utilities Commission 

for the operation by the said lessee of ten schedules over the franchise route of the 
lessor between Winston-Salem and Stanleyville for the purpose of providing strictly 
local service between said points. It appears to the Commission that the service 
contemplated by said lease agreement is needed, is not inconsistent with the public 
interest, and should be approved. 

It Is, Therefore, Ordered that said lease agreement between the Atlantic Gre}^- 
hound Corporation and the Suburban Transit Lines, Inc., dated the first day of 
February, 1946, be, and the same is hereby, approved, subject to the continuing 
right of the Commission to act in the premises as the public interest may require. 

This the 8th day of March, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3462. 

EXTENSION LEASE AGREEMENT BETWEEN ATLANTIC GREYHOUND 
CORPORATION AND SUBURBAN TRANSIT LINES, INC. 

Order 

The Atlantic Greyhound Corporation, as lessor, and Suburban Transit Lines, Inc., 
as lessee, entered into a lease agreement February 1, 1946, provided in substance for 
the operation by the said lessee of ten schedules over the franchise route of the lessor 
between Winston Salem and Stanleyville for the purpose of providing strictly local 
service between said points. 

Now comes the Atlantic Greyhound Corporation and Suburban Transit Lines, 
Inc., petitioning the Commission to approve an extension agreement to the above 
order providing for the operation of four schedules per day from Stanleyville to 
Rural Hall, a distance of about three miles. A copy of this agreement dated July 9, 
1946 having been filed with the Commission. It appears to the Commission that the 
service contemplated by said extension lease agreement is needed, is not inconsistent 
with the pubHc interest, and should be approved. 

It Is, Therefore, Ordered that said extension lease agreement between the 
Atlantic Greyhound Corporation and the Suburban Transit Lines, Inc., dated the 
9th day of July, 1946, be, and the same is hereby approved, subject to the continuing 
right of the Commission to act in the premises as the public interest may require. 

This the 7th day of August, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3462. 

PETITION FOR APPROVAL OF LEASE AGREEMENT BETWEEN AT- 
LANTIC GREYHOUND CORPORATION AND WILKES TRANSPORTA- 
TION COMPANY RELATING TO LOCAL SERVICE BETWEEN MORA- 
VIAN FALLS AND TAYLORSVILLE O^^R N. C. HIGHWAY No. 16. 

Order 
The Atlantic Greyhound Corporation, as lessor, and the Wilkes Transportation 
Company, as lessee, have entered into a lease agreement dated May 22, 1945, a copy 
of which has been filed with the Commission, by the terms of which said agreement 



I 



DecisiOxVS and Adjustments of Complaints 209 

the said lessee will be authorized to perform local intrastate service between Moravian 
Falls and Taylorsville over N. C, Highway No. 16, the franchise route of the said 
lessor, under the conditions set out in said agreement. Upon consideration of said 
agreement, the Commission is of the opinion that the same should be approved, sub- 
ject to the continuing right of the Commission to act in the premises as the public 
interest may require; and it is so ordered. 

This the 5th day of July, 1945. 

Fred C. Hunter, CommUsioner. 

Attest : 

Charles Z. Flack, Chief Clerk. 

Docket No. 3347. 

APPLICATION OF C. E. AUTRY TO OPERATE AS MOTOR VEHICLE CAR- 
RIER TO TRANSPORT PASSENGERS, TOGETHER WITH INCIDENTAL 
BAGGAGE (NOT CHECKED BAGGAGE) FROM DUFFIES (NEAR RED 
SPRINGS) TO RED SPRINGS OVER A COUNTY HIGHWAY, AND FROM 
RED SPRINGS TO ROWLAND OVER N. C. HIGHWAY 710 VIA PEM- 
BROKE, AND THENCE TO FAIRMONT OVER N. C. HIGHW^AY 130 
AND RETURN OVER THE SAME ROUTE; FROM LAUREL HILL TO 
FAYETTEVILLE OVER COUNTY HIGHWAY KNOWN AS THE OLD 
WIRE ROAD VIA WAGRAM, ANTIOCH, DUNNDAROCH, HOPE MILLS 
AND CUMBERLAND MILLS AND RETURN OVER THE SAME ROUTE; 
FROM ST. PAULS TO HIGHWAY NO. 87 OVER N. C. HIGHWAY 20 VIA 
PAGE'S LAKE, AND RETURN OVER THE SAME ROUTE. 

Order 
Before Commissioners Winborne and Johnson. 

Appearances: For Apphcant: Z. V. McMillan, Red Springs, N. C. 
For Protestants: None 

Johnson, Commissioner: 

This cause coming on to be heard before Commissioners Winborne and Johnson 
on the 14th day of June, 1946. 

Sufficient testimony w^as offered by the Apphcant to show convenience and neces- 
sity over the routes enumerated above. 

It Is, Therefore, Ordered, That a franchise be issued to the Applicant to trans- 
port passengers, together with incidental baggage (not checked baggage) from Duf- 
fies (near Red Springs) to Red Springs over a county highway, and from Red Springs 
to Rowland over N. C. Highway 710 via Pembroke, and thence to Fairmont over 
N. C. Highway 130 and return over the same route; from Laurel Hill to Fayetteville 
over county highw^ay know^n as the Old Wire Road via Wagram, Antioch, Dunnda - 
roch, Hope Mills and Cumberland Mills and return over the same route; from St. 
Pauls to Highway No. 87 over N. C. Highway 20 via Page's Lake, and return over 
the same route; that certificate be issued when the Applicant has complied with 
the rules and regulations of this Commission. 

This 6th day of July, 1946. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner 

Charles Z. Flack, Chief Clerk. 

Docket No. 3564. 
14 



210 N. C. Utilities Commission 

BASS BONDED TRUCKS, INCORPORATED, OF TARBORO, CHANGING 
ITS NAME TO WALLACE BONDED TRUCKS, INCORPORATED, WITH 
HEADQUARTERS IN ROBERSONVILLE. 

Order 

Upon consideration of a request duly filed: 

It appearing that a certificate has previously been issued to the above-named car- 
rier, and that the corporate name of such carrier has been changed to Wallace Bonded 
Trucks, Incorporated, and that said carrier has duly requested this Commission to 
issue a certificate in this proceeding to reflect the change in corporate name; 

It further appearing that the change of corporate name requested does not involve 
a change in the ownership, or in the operating rights of such carrier; therefore. 

It Is Ordered, that a certificate shall be issued to Wallace Bonded Trucks, In- 
corporated, superseding the certificate issued to the Bass Bonded Trucks, Incorpo- 
rated, and 

It Is Further Ordered, that this order shaU become effective when the Wallace 
Bonded Trucks, Incorporated, shaU have furnished all of the information required 
by the Commission. 

By Order of the Commission. 

This 25th day of October, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Docket No. 3768. Charles Z. Flack, Chief Clerk. 

APPLICATION OF ALICE BELL. (FREIGHT LINE) 

Order Allowing Withdrawal of Application 
After conference with Mr. E. M. Riddle, attorney for the applicant in the above 
matter, and for good cause shown. 

It Is Ordered, that the applicant be allowed to withdraw her appHcation in this 
cause without prejudice to her right to have the same reinstated upon motion. 
This 24th day of April, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3292. 

CANCELLATION OF FRANCHISE CERTIFICATE OF BENNETT TRANS- 
PORTATION COMPANY, INC. 

Order 
Bennett Transportation Company, Inc., of Norfolk, Virginia, owner and holder 
of North Carolina intrastate franchise certificate No. 485, having ceased operations 
under said certificate on or about June 15, 1945, and having returned said franchise 
certificate to the Commission under date of July 21, 1945, with the request that same 
be cancelled; it is, therefore, ordered that franchise certificate No. 485 in the name of 
Bennett Transportation Company, Inc., be, and the same is hereby, cancelled. 
This the 23rd day of July, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3360. 



I 



Decisions and Adjustments of Complaints 211 

APPLICATION OF H. C. BILLINGS, TRADING AS BILLINGS TRANSFER, 
FOR THE PURCHASE OF OPERATING FRANCHISE RIGHTS OVER 
HIGHWAY NO. 18 BETWEEN NORTH WILKESBORO AND LENOIR, 
NORTH CAROLINA, FROM THE PIEDMONT MOUNTAIN FREIGHT 
LINES. 

Order 
This cause arises on the above appUcation filed with the Commission on the 24th 

day of November, 1944, and heard by it at 11:30 o'clock on said date before the full 

Commission. 

The application was represented by Mr. J. H. Whicker, Attorney at Law, North 

Wilkesboro, and the Piedmont Mountain Freight Lines by Mr. W. P. Billings. 
The applicant is an interstate operator and has had several years experience and 

it appears from the evidence that the approval of the application is in the public 

interest; therefore it is 
Ordered, that the apphcation be granted and that a certificate be issued granting 

the rights applied for, and it is 

Further Ordered, that the Piedmont Mountain Freight Lines present the cer- 
tificate for amendment deleting the operation over Highway No. 18 which is to be 

transferred to the applicant in this case. 



This the 24th day of November, 1944. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 
R. G. Johnson, Commissioner. 
Attest: 

R. O. Self, Chief Clerk, 

Docket No. 3210. 

APPLICATION FOR APPROVAL OF SALE BY H. C. BILLINGS, t/a BIL- 
LINGS TRANSFER, OF OPERATING RIGHTS OVER N. C. 18 BETWEEN 
NORTH WILKESBORO AND LENOIR TO W. R. HARDBARGER. 

A joint application by H. C. Billings, t/a Billings Transfer, as vendor, and W. R. 
Hardbarger, as vendee, has been filed with the Commission for approval of sale and 
transfer by the said vendor to the said vendee of the operating rights particularly 
described in the caption. It appears from the sales agreement between the parties, 
a copy of which is attached to the application, that the purchase price agreed upon 
is $1800, of which $800 is to be paid in cash upon the consummation of the sale, pay- 
ment of the remainder of $1000 to be deferred until a prior obhgation of the vendee 
in the sum of $5,300 secured by a purchase money lien on the certificate of the said 
vendee, approved by the Commission by order dated September 4, 1946, in Docket 
No. 3739, shall have been paid in full, said $1,000 to bear interest at the rate of 4 
per cent, to be likewise secured by a second lien on the certificate of the said vendee. 
Upon consideration of the application and the sales agreement thereto attached, 
the Commission is of the'opinion that said sale and transfer should be approved. 

It Is, Therefore, Ordered: 

1. That the proposed sale of the operating rights of H. C. Billings, t/a Billings 
Transfer, over N. C. Highway 18 between North Wilkesboro and Lenoir be, and the 
same is hereby, approved, but such approval shall not be construed as a representa- 
tion or as a finding by the Commission as to the value of the operating rights involved 
in said sale. 



212 X. C. Utilities Commission 

2. That upon filing with the Commission by W. R. Hardbarger, purchaser, of a 
proper description of his equipment, insurance covering the same, and the pubh- 
(tation of his tariff, the certificate of the said purchaser be amended to include the 
route hereinabove described and that the franchise certificate, Xo. 596, in the name of 
H. C. Bilhngs, t/a Bilhngs Transfer, be cancelled. 

This 7th day of Xovember, 1946. 
By Order of the Commission. 

Charles Z. Flack, Chief Clerk. 
Docket Xo. 3793. 



IN THE MATTER OF RESUMING SERVICE UNDER CERTIFICATE 373 
BY D. J. BLACK, d/b/a BLACK'S :\IOTOR EXPRESS, WILMINGTON, 
NORTH CAROLINA. 

Order 

It appearing that the carrier named in the caption was allowed for good cause 
shown to suspend operations on or before February 20, 1943, with the right to re- 
sume service when gasoline, tires, parts and necessary operating equipment are again 
available, and said carrier having notified the Commission that he would be in posi- 
tion to resume service under his certificate on or before December 1, 1945; and it 
further appearing that said franchise certificate expired, under the provisions of the 
statute G. S. 62-106, on May 2, 1944, and he has furnished information justifying the 
renewal of said certificate as provided in G. S. 62-116; 

It Is, Therefore, Ordered that Franchise Certificate No. 373 in the name of 
D. J. Black, d/b/a Black's Motor Express, Wilmington, North Carolina, be renewed 
as of the 2nd day of May, 1944, and operations thereunder resumed upon pubUcation 
of tariffs, registration of equipment with the Commission, and filing insurance with 
the Commission covering the same as required by law. 

By Order of the North Carohna Utilities Commission. 

This the 26th day of October, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 2854. 



DECISIONS AND Adjustments of Complaints 213 

APPLICATION OF BLAIR TRANSIT COMPANY OF RICHMOND, VIR- 
GINIA, TO TRANSPORT UNMANUFACTURED TOBACCO IN BAGS, 
BASKETS, HOGSHEADS AND OTHER CONTAINERS; UNCRATED TO- 
BACCO, WORKING MACHINERY AND CONTAINERS FOR MOVING 
UNMANUFACTURED TOBACCO BETWEEN ALL LEAF TOBACCO 
MARKETS AND WAREHOUSING POINTS IN NORTH CAROLINA AND 
BETWEEN ALL TOBACCO MANUFACTURING POINTS AND PLANTS 
WITHIN THE STATE. 

Order 

Before Commissioner Hunter: 

Appearances: 
Applicant : 

S. W. Ruark, Raleigh, North Carolina 
Protestants : 

R. N. Simms, Raleigh, North Carolina, for Norfolk Southern Railway 

Company and Norfolk Southern Bus Corporation 
I, M. Bailey, Raleigh, North Carolina, for Fredrickson Motor Express, 
Miller Motor Lines, Smith's Transfer, Helms Motor Express and Thur- 
ston Motor Lines. (Withdrew protest after application was amended.) 

Hunter, Commissioner: 

At the call of this application for hearing on October 27, 1944, the same was amend- 
ed by making more specific and certain the commodities which the applicant proposes 
to transport, the application as amended being set out in the caption. The applicant 
John D. Blair, Jr., testified in his own behalf, and his appHcation w^as supported by 
the testimony of G. C. Newcomb, District Traffic Manager for the American To- 
bacco Company and American Suppliers, Inc., both of which said companies are 
interested in the movement of the commodities named. 

It appears from the testimony that the applicant has been engaged in the trans- 
portation of the commodities named, both in interstate and intrastate commerce, 
since 1932. His present operations in North Carolina are conducted under temp- 
orary rights granted by this Commission, the tonnage transported under said rights 
being approximately 750,000 pounds per year. He has eight trucks registered for 
operation in North Carolina, all of which are designed for the transportation of un- 
manufactured tobacco and the accessories named. His operations cover the tobacco 
marketing, storing redrying and manufacturing points of the State. He has served 
and is now serving, in addition to the two companies above named, J. P. Taylor 
Tobacco Compan\', Universal Leaf Tobacco Company, K. H. Edwards, Central 
Leaf Tobacco Company and Eastern Leaf Tobacco Company, all with his own equip- 
ment and under his own bills of lading. His financial statement filed with the Com- 
mission shows a net worth of $187,600 as of June 30, 1944. 

Mr. G. C. Newcomb testified that his companies were using the services of the 
applicant and had been since 1932, that said services were satisfactory and greatly 
needed by his companies and by other tobacco companies. He further testified that 
the demand for this type of transportation service is much greater than the present 
available supply. 

Upon consideration of all the testimony, it appears that public convenience and 
necessity require the service proposed and that the applicant has the experience, the 
equipment, the financial ability and is otherwise qualified to perform the service. 



214 N. C. Utilities Commission 

It Is, Therefore, Ordered: 

1. That the application of John D. Blair, Jr., d/b/a Blair Transit Company of 
Richmond, Virginia, for motor vehicle franchise rights to transport unmanufactured 
tobacco in bags, baskets, hogsheads and other containers; uncrated tobacco, working 
machinery and containers for moving unmanufactured leaf tobacco to, from and 
between all leaf tobacco markets, tobacco warehouses, tobacco manufacturing points 
and plants within the State of North Carolina be, and the same is hereby, granted, 
and that a franchise certificate be issued accordingly. 

2. That, upon receipt of the franchise certificate herein authorized, all rights and 
privileges under the temporary operating rights heretofore authorized shall cease 
and determine. 

This the 13th day of December, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
• R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack^ Chief Clerk. 

Docket No. 3072. 

DOCKET 3493: APPLICATION OF BLUE RIDGE TRUCKING COMPANY, 
ASHEVILLE, N. C, FOR RIGHTS TO TRANSPORT GENERAL FREIGHT 
OVER THE FOLLOWING ROUTES: ASHEVILLE TO HENDERSONVILLE 
OVER U. S. HIGHWAY 25 AND RETURN DAILY; ASHEVILLE TO SKY- 
LAND OVER U. S. HIGHWAY 25; THENCE N. C. HIGHWAY 280 TO 
MILLS RIVER; THENCE N. C. 191 TO HENDERSONVILLE AND RE- 
TURN; ASHEVILLE TO HENDERSONVILLE OVER N. C. 191 AND RE- 
TURN; HENDERSONVILLE TO BREVARD OVER U. S. 64 AND RETURN 
DAILY ON DEMAND; ASHEVILLE TO BREVARD OVER U. S. 25 TO 
SKYLAND, THENCE N. C. 280 TO BREVARD, AND RETURN DAILY; 
OVER STATE HIGHWAY 191 TO MILLS RIVER; THENCE N. C. 280 TO 
BREVARD, AND RETURN; BREVARD TO ROSMAN AND LAKE TOXO- 
WAY OVER U. S. 64 AND RETURN DAILY ON DEMAND; ALL INTER- 
MEDIATE POINTS. FROM HENDERSONVILLE TO EAST FLAT ROCK 
AND TUXEDO AND RETURN, OVER U. S. 176. 

DOCKET 3512: APPLICATION OF BLUE RIDGE TRUCKING COMPANY 
ASHEVILLE, N. C, FOR RIGHTS TO TRANSPORT GENERAL FREIGHT 
OVER THE FOLLOWING ROUTES: BETWEEN ASHEVILLE AND SYLVA 
OVER U. S. 19 AND 23 AND RETURN; BETWEEN SYLVA AND BRYSON 
CITY OVER U. S. 19 AND RETURN; BETWEEN SYLVA AND FRANKLIN 
OVER U. S. 23 AND RETURN; BETWEEN BRYSON CITY AND FRANK- 
LIN OVER N. C. 28 AND RETURN; ALL INTERMEDIATE POINTS. 

DOCKET 3521: APPLICATION OF M. P. LIPE, t/a LIPE MOTOR LINES, 
HICKORY, N. C, FOR RIGHTS TO TRANSPORT GENERAL COMMOD- 
ITIES, EXCEPT THOSE OF UNUSUAL VALUE, DANGEROUS EXPLO- 
SIVES, HOUSEHOLD GOODS AS DEFINED IN PRACTICES OF MOTOR 
COMMON CARRIERS OF HOUSEHOLD GOODS, 17 M. C. C. 467, COM- 
MODITIES IN BULK, AND THOSE REQUIRING SPECIAL EQUIPMENT, 
OVER THE FOLLOWING ROUTES: FROM ASHEVILLE TO FRANKLIN 
OVER U. S. 19 AND 23, AND OVER U. S. 64 FROM FRANKLIN TO MUR- 
PHY, TO THE TENNESSEE STATE LINE, AND RETURN OVER THE 



I 



Decisions and Adjustments of Complaints 215 

SAME ROUTE, SERVING ALL INTERMEDIATE POINTS; ALTERNATE 
OVER U. S. 19 AND 129 FROM DILLSBORO TO BRYSON CITY, TOPTON, 
ANDREWS AND MURPHY, AND RETURN OVER THE SAME ROUTE, 
SERVING ALL INTERMEDIATE POINTS. FROM TOPTON OVER U. S. 
129 BY ROBBINSVILLE AND TAPOCO TO THE TENNESSEE STATE 
LINE AND RETURN OVER SAME ROUTE, SERVING ALL INTERMEDI- 
ATE POINTS. FROM FRANKLIN OVER U. S. 64 BY HIGHLANDS, CASH- 
IERS, ROSMAN, BREVARD, PISGAH FOREST TO HENDERSONVILLE, 
AND RETURN OVER THE SAME ROUTE, SERVING ALL INTERMEDI- 
ATE POINTS. FROM BREVARD BY WAY OF MILLS RIVER OVER N. C. 
280 TO SKYLAND, THENCE OVER U. S. 25 TO ASHEVILLE, AND RE- 
TURN OVER SAME ROUTE, SERVING ALL INTERMEDIATE POINTS. 
FROM HENDERSONVILLE OVER U. S. 25 BY FLAT ROCK AND TUX- 
EDO TO S. C. LINE, AND RETURN OVER THE SAME ROUTE, SERVING 
ALL INTERMEDIATE POINTS. FROM LENOIR OVER U. S. 321 TO 
BOONE, THENCE OVER U. S. 421 TO VILAS, THENCE OVER N. C. 194 
TO TENNESSEE STATE LINE VIA ELK PARK, AND RETURN OVER 
THE SAME ROUTE, SERVING ALL INTERMEDIATE POINTS. FROM 
ELK PARK OVER U. S. 19-E TO SPRUCE PINE; THENCE OVER N. C. 
26 TO MARION, AND RETURN OVER SAME ROUTE, SERVING ALL 
INTERMEDIATE POINTS. 

DOCKET 3524: APPLICATION OF B. & B. TRANSPORTATION COMPANY, 
ASHEVILLE, N. C, FOR RIGHTS TO TRANSPORT GENERAL COMMOD- 
ITIES OVER THE FOLLOWING ROUTES : FROM ASHEVILLE TO DILLS- 
BORO VIA U. S. 19 AND 23, SERVING INTERMEDIATE POINTS; 
THENCE TO MURPHY VIA U. S. 19, SERVING ALL INTERMEDIATE 
POINTS. FROM MURPHY TO FRANKLIN VIA U. S. 64 AND SERVING 
INTERMEDIATE POINTS, THENCE TO JUNCTION OF N. C. 116 AND 
U. S. 19 AND 23 ON N. C. 116, AND RETURN TO ASHEVILLE ON U. S. 
19 AND 23. 

Order 

Before Commissioner Johnson, 

Appearances: For Blue Ridge Trucking Company: 
George W. Craig, Asheville, N. C. 

For Lipe Motor Lines: 

J. L. Murphy, Hickory, N. C. 
John W. Aiken, Hickory, N. C. 

For B. & B. Transportation Company: 
E. L. Loftin, Asheville, N. C. 

For the Silver Fleet Motor Express, Inc. : 
J. Carl Rosskopt, Louisville, Kentucky. 

For Bush Transfer, Inc. : 
L. H. Wall, Lenoir, N. C. 

For Fredrickson Motor Express: 
A. Earl Clontz, Charlotte, N. C. 

Johnson, Commissioner: 

The applications herein, all for motor vehicle franchise rights to transport prop- 
erty, were called for hearing in the order named in the caption in Asheville, North 
Carolina, on June 18, 1946. All of said applicants seek extensive franchise rights 



216 N. C. Utilities Commission 

which cover in part the same area, and for which all evidence tending to show con- 
venience and necessity is substantially the same, and to which all protests are sub- 
stantially the same. To avoid repetition of testimony the applicants agreed that 
the cases should be consolidated and heard together. To the end that the facts found 
from the testimony with respect to one application may not be confused with those 
relating to others, each appHcation will be considered separately. 

Docket No. 3493. Application of Blue Ridge Trucking Company. The applicant 
has applied for authority to operate from Asheville to Hendersonville over U. S. 
Highway 25 and from Hendersonville to Lake Toxoway via Brevard over U. S. 
Highway 64, and from Asheville to Brevard over N. C. Highways 191 and 280. 
Franchise Certificate No. 492 issued by this Commission shows that this applicant 
has authority to operate over these routes. Applicant further seeks authority to 
operate between Mills River and Hendersonville over N. C. Highway 191 and from 
Skyland to Avery's Creek over N. C. 280, and from Hendersonville to Tuxedo over 
Highway U. S. 25. The applicant produced testimony tc the effect that it had been 
operating through this area for some time and that excellent service had been ren- 
dered. The routes over which the applicant seeks to render service, in addition to 
the routes over which it now has authority to render service, are in most instances 
alternate routes to the routes it is now serving. There was ample evidence to show 
convenience and necessity. 

Docket No. 3512. Application of Blue Ridge Trucking Company. The applicant 
seeks authority to operate between Asheville and Sylva over U. S. Highways 19 
and 23; from Sylva to Bryson City over U. S. 19; from Bryson City to Franklin 
over N. C. 28, and from Sylva to Franklin over U. S. 23. The evidence offered dis- 
closes that the Silver Fleet Motor Express, Inc., is now operating between Asheville 
and Bryson City over U. S. 19 and 23. At the present time there is no franchise oper- 
ator serving between Bryson City and Franklin, nor between Sylva and Franklin. 
There was ample evidence to show the need for additional service between Asheville 
and Bryson City over U. S. 19 and 23, and the evidence to show a need for service 
between Sylva and Franklin and Bryson City and Franklin was conclusive. Con- 
venience and necessity was found. 

Docket No. 3521: Application of Lipe Motor Lines. There is evidence that there 
is much more freight now moving or to be moved from Hazelwood and points be- 
tween Hazelwood and Asheville to Asheville than is being moved by the present 
franchise operators. The Commission is of the opinion that additional service from 
Hazelwood to Asheville over U. S. Highways 19 and 23 would be justified. Con- 
venience and necessity was found for service over this route. The Commission does 
not find that convenience and necessity was shown over the other routes applied 
for in this application. 

Docket No. 3524: Application of B. & B. Transportation Company. After a 
greater part of the evidence had been offered in this docket it was discovered that 
the applicant had never published notice as required by law. The Commissioner 
dismissed the action because of the failure of the r>.pplicant to comply with the law. 

It Is, Therefore, Ordered: 

1. That the apphcation of Blue Ridge Trucking Company to operate over N. C. 
Highway 191 between Mills River and Hendersonville; over N. C. 280 from Skyland 
to Avery's Creek; and over U. S. 25 from Hendersonville to Tuxedo, be, and the 
same is hereby, granted. All other parts of the application of Blue Ridge Trucking 
Company are denied for the reason that this applicant already has authority to ope- 
rate over these routes which are covered by Certificate No. 492. That the present 
certificate of Blue Ridge Trucking Company be amended to include the routes set 



Decisions and Adjustments of Complaints 217 

out above when the appHcant has complied with the rules and regulations of this Com- 
mission which require filing of tariffs, schedules, etc. 

2. That the application of Blue Ridge Trucking Company to operate from Ashe- 
ville to Sylva over U. S. 19 and 23; from Sylva to Bryson City over U. S. 19; from 
Bryson City to Franklin over N. C. 28, and from Sylva to Franklin over U. S. 23, be, 
and the same is hereby, granted. That the present certificate of the applicant be 
amended to include the routes above set out when the applicant has complied with 
the rules and regulations of this Commission which require fihng of tariffs, schedules, 
etc. 

3. That the application of Lipc Motor Lines to operate from Ashevilb to Hazel- 
wood over U. S. Highways 19 and 23 be, and the same is hereby, granted. Applica- 
tion over all other routes is hereby denied. That the franchise certificate of the ap- 
plicant be amended to include the routes set out herein when the applicant has com- 
plied with the rules and regulations of this Commission which require filing of tariffs, 
schedules, etc. 

4. That the application of B. & B. Transportation Company be, and the same is 
hereby, dismissed. 

This 28th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissiojier. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Dockets Nos. 3493, 3512, 3521 and 3524. 

APPLICATION OF J. H. WADE, d/b/a BRIGHT BELT MOTOR LINE OF 
GRIFTON, N. C, TO TRANSPORT FREIGHT CONSISTING OF UNMANU- 
FACTURED LEAF TOBACCO IN BAGS, BASKETS AND HOGSHEADS OR 
OTHER CONTAINERS, AND TOBACCO, WAREHOUSEMEN'S AND 
MANUFACTURERS' ACCESSORIES BETWEEN POINTS AND PLACES 
WITHIN THE STATE OF NORTH CAROLINA, AND EAST OF AND IN- 
CLUDING WINSTON-SALEM. 

Before The Full Commission 
Appearances: 

For the Applicant: 

Sam W. Ruark, Raleigh, N. C. 

For the Protestants: 

Marshall T, Spears, Durham, N. C, for Burton Lines, Inc., Clay's Transfer 
Co., Forbes Transfer Co., H. W. Miller Transfer, Vance Trucking Co., Inc., 
Transport Corp. of Virginia, Martin County Transportation Line, Collins 
Transfer and Storage Co., Henderson Bonded Lines and Branch Transfer. 

R. L. Askea, Greenville, N. C, for Britt Transportation Co. and Smith's, Inc. 

Simms & Simms, Raleigh, N. C, for Norfolk Southern Railway Co. 

Hunter, Commissioner. This application for motor vehicle franchise rights, as 
set out in the caption, was heard in Raleigh on February 22, 1944. 

The appHcant lives at Grifton, North Carolina, and is engaged in the transporta- 
tion business under the name of Bright Beit Motor Line. He owns two two-ton 
trucks with trailers, one of which he has owned and operated for several years, and 
the other was purchased and put into operation in December 1943. 



218 N. C. Utilities Commission 

The only evidence offered tending to show public convenience and necessity for 
the proposed service is the applicant's present and past operations. During 1941 and 
1942, at which time he owned and operated only one truck, he testified that he trans- 
ported tobacco for the Transport Corporation of Virginia under its bills of lading 
froln Kinston, Greenville, Wilson, Goldsboro, Smithfield and Rocky Mount to Dur- 
ham and Winston-Salem. He further testified that subsequent to 1942 he has not 
transported any tobacco for other carriers or on his own account. For approximately 
fifteen months next preceeding the hearing he has been engaged in transporting com- 
modities other than those named in the application. 

A franchise certificate can only be granted upon proof of public convenience and 
necessity therefor. We do not think the applicant has offered the necessary proof. 

It Is, Therefore, Ordered that the application herein, be, and the same is here- 
by, denied. 

This the 13th day of December, 1944. 

Stanley Winborne, Chairman • 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3074. 

APPLICATION— OF R. F. BUCKNER, d/b/a BUCKNER TRANSFER COM- 
PANY OF ASHEVILLE, N. C, FOR FRANCHISE CERTIFICATE TO 
TRANSPORT FREIGHT AS FOLLOWS: FROM SPRUCE PINE VIA BAN- 
NER ELK TO BOONE; THENCE TO WEST JEFFERSON OVER N. C. 
HIGHWAY 221, OVER N. C. 194 AND U. S. 19E AND RETURN BY ELK 
PARK, HEATON, CRANBERRY, PLUMTREE AND OTHER INTERMED- 
IATE POINTS TO SPRUCE PINE OVER U. S. 19E AND OFF ROUTE 
POINTS— FROM MICAVILLE TO CELO AND RETURN OVER N. C. 80 
LEAVING U. S. 19 AND U. S. 23 BEYOND THE FORKS OF IVY TO MARS 
HILL AND RETURN TO U. S. 19 AND U. S. 23 AT YOUNG'S STORE OVER 
N. C. 2; FROM BURNSVILLE TO PENSACOLA AND RETURN OVER N. C. 
197; FROM SPRUCE PINE TO LITTLE SWITZERLAND AND RETURN 
OVER N. C. 26; FROM U. S. 19 AND U. S. 23 AT CANE RIVER TO RAMSAY- 
TOWN AND RETURN OVER U. S. 23 AND 19W; FROM SPRUCE PINE 
TO BAKERSVILLE TO TOCANE AND RETURN TO SPRUCE PINE OVER 
N. C. 26. 

Order 

Before Commissioner Johnson. 

Appearances: For Applicant: 

E. L. Loftin, Attorney, Asheville, N. C. 
George W. Craig, Attorney, Asheville, N. C. 

For Protestants: 

Kyle Hayes for L. J. N. Trucking Company, Inc. 

Johnson, Commissioner: 

This application for franchise to operate as motor vehicle carrier of freight over 
the routes above described was heard in the City of Hickory, N. C, on the 27th day 
of November, 1944. 

L. J. N. Trucking Company, Inc., appeared as protestants to that part of the 
application between Boone and West Jefferson. 



Decisions and Adjustments of Complaints 219 

The evidelnce showed that at the present time there is no public transportation 
over the routes applied for between Mars Hill and Boone except that part of the 
route over which the Applicant has a franchise between Mars Hill and Spruce Pine. 
Convenience and necessity having been shown; 

It Is, Therefore, Ordered, That the application be granted over the routes 
applied for between Boone and Spruce Pine, and to the off route points applied for 
between Spruce Pine and the Forks of Ivy over U. S. 19 and 23 via Mars Hill. 
That part of the application from Boone to West Jefferson is denied. 
Certificate shall be issued upon compliance with the rules and regulations of this 
Commission. 

This 2d day of February, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3204. 

APPLICATION OF R. FRANK BUCKNER, d/b/a BUCKNER TRANSFER 
CO., ASHEVILLE, N. C, FOR AUTHORITY TO PLEDGE FRANCHISE 
CERTIFICATE NO. 442 TO SECURE A LOAN OF $7,000.00 

Order 
R. Frank Buckner, d/b/a Buckner Transfer Co. of Asheville, N. C, owner of 
Franchise Certificate No. 442, having filed a petition with the Utihties Commission 
for approval of a loan of $7,000.00, from W. W. Shope, evidenced by promissory 
note of said Petitioner and wife, to become due and payable on the 5th day of March, 
1946, with interest thereon at the rate of six per cent per annum, said note to be se- 
cured by a pledge of said Franchise Certificate No. 442, and the said Petitioner having 
appeared before the Commission on the date hereof and from representations made; 
by said Petitioner the Commission finds the following facts: 

1. That the proceeds of said loan are to be used as follows: $3,000.00 for the pur- 
chase of interstate franchise rights of the Great Southern Trucking Company be- 
tween the City of Asheville and the City of Knoxville, Tenn., $2,500.00 for the pur- 
chase of a two ton D-35 tractor and trailer and the remainder in the purchase of a 
two ton International truck. 

2. That the assets of the Petitioner, not including the value of his franchise cer- 
tificate, amount to approximately $29,037.00. 

3. That the debts and liabilities of the Petitioner, not including the present loan, 
amount to approximately $3,000.00. 

4. That said loan is for a lawful purpose, will not adversely affect the Petitioner's 
ability to maintain his intrastate operation and is not otherwise against the public 
interest. 

It Is, Therefore, Ordered: 

1. That R. Frank Buckner, d/b/a Buckner Transfer Co., Asheville, N. C, owner 
of Franchise Certificate No. 442, be and is hereby authorized to pledge said Fran- 
chise Certificate to W. W. Shope as security for loan of $7,000.00, evidenced by a 
promissory note in said sum, executed by said Buckner and wife, to become due and 
payable on March 5th, 1946, with interest thereon at the rate of six per cent per 
annum, the proceeds of said loan to be used for the purposes herein above set out. 



220 N. C. Utilities Commission 

2. That in the event said Franchise Certificate is sold to satisfy said loan, the 
Commission reserves the right to pass upon the qualifications of the "purchaser to 
perform a transportation service under said Franchise Certificate. 

3. That a copy of this order be attached to said Franchise Certificate No. 442 and 
remain so attached so long as said certificate is pledged to secure said loan. 

This the 19th day of March, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3288. 

APPLICATION FOR APPROVAL OF SALE BY R. FRANK BUCKNER OF 
CERTAIN OPERATING RIGHTS IN THE NORTH WILKESBORO-BOONE 
AREA TO PIEDMONT MOUNTAIN FREIGHT LINES, INC. 

Order 

Hunter, Commissioner: R. Frank Buckner, d/b/a Buckner Transfer Company, 
as vendor, and Piedmont Mountain Freight Lines, Inc., as vendee, have joined in a 
petition to the Commission for approval of a sale and transfer by the said vendor to 
the said vendee of certain operating rights hereinafter particularly described. It 
c'ippears from the petition that the purchase price agreed upon is $2,000 to be paid 
upon the consummation of the transaction. It also appears that W. W. Shope, 
owner and holder of a certain note or notes secured by a lien on the certificate of the 
vendor, has released the routes and operating rights involved in the proposed sale 
from said lien, and that said routes and operating rights will be transferred free and 
clear of liens or debts. It further appears that the route from Vilas to West Jeffer- 
son via Zionville, Creston, and Warrensville can only be served irregularly as off- 
route points because of insufficient traffic to sustain daily or regular service over 
said route, and that lansing on N. C. 162, north of Warrensville, should be included 
also as an off-route point and served like Zionville, Creston, and Warrensville with 
such frequency as the traffic will justify. 

Upon consideration of the petition and the sales agreement thereto attached, the 
Commission finds no reason why the same should not be approved, but makes no 
findings or representation as to the value of the property involved in said sale. 

It Is, Therefore, Ordered: 

1. That the proposed sale by R. Frank Buckner, d/b/a Buckner Transfer Com- 
I)any, to Piedmont Mountain Freight Lines, Inc., be, and the same is hereby, ap- 
proved. 

2. That Certificate No. 502 of Piedmont Mountain Freight Lines, Inc., be amended 
to include the operating rights involved in said sales agreement, to wit: 

From North Wilkesboro over U. S. 421 via Miller's Creek and Deep Gap to 
Boone, thence over U. S. 221 via Baldwin and West Jefferson to Jefferson, thence 
over N. C. 16 via Glendale Springs and Wilbar to Miller's Creek on U. S. 421 
with the right to serve Zionville, Creston, Warrensville, and Lansing irregularly 
as off-route points. 

3. That Certificate No. 442 from R. Frank Buckner, d/b/a Buckner Transfer 
Company, be amended by striking therefrom the route described in Paragraph 2 , 
above, and by striking out the route from Vilas to Jefferson over U. S. 421 and N. C. 
88 via Zionville, Creston, and Warrensville. 



Decisions and Adjustments of Complaints 221 

4. That this order shall become effective and said certificates amended as herein 
directed upon filing of proper tariffs, description of equipment, and insurance cover- 
ing the same upon notice to the Commission in writing that said sale has been con- 
summated and that the vendee is ready to begin operations. 
Issued by Order of the Commission. 
This 24th day of October, 1946. 

Stanley Winborne, Chainnnn 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3803. 

DOCKET NO. 3188: APPLICATION OF BURKE TRANSIT COMPANY FOR 
FRANCHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CAR- 
RIER FROM PUBLIC SQUARE IN MORGANTON OVER NORTH GREEN 
STREET AND N. C. 181 NORTHWEST TO JONAS RIDGE, PINEOLA, 
LINVILLE AND NEWLAND, AND RETURN OVER SAME ROUTE. 

DOCKET NO. 3230: APPLICATION OF QUEEN CITY COACH COMPANY 
FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE 
CARRIER FOR TRANSPORTATION OF PASSENGERS, BAGGAGE, 
LIGHT EXPRESS AND NEWSPAPERS FROM MORGANTON TO PINE- 
OLA VIA N. C. 181. 

Order 
Before Commissioner Johnson. 
Appearances: For Burke Transit Company: J. E. Butler, Morganton, N. C. 

For Queen City Coach Compiany: L. B. Hollowell, Gastonia, 

N. C. 
Frank C. Patten, Morganton, 
N. C. 

The Applicants herein seek motor vehicle franchise rights to transport passengers 
over the highways described in their respective applications as above set out. The 
captioned applications cover substantially the same route. By mutual consent the 
apphcations herein were consolidated for hearing. 

The evidence discloses that the Burke Transit Company is operating under au- 
thority from this Commission from Morganton for a distance of approximately six 
miles north on Highway N. C. 181. The evidence further discloses that the Queen 
City Coach Company is operating from Pineola to Linville to Newland under au- 
thority granted by this Commission. 

After hearing all of the evidence the hearing Commissioner is of the opinion that 
the need along Highway 181 between Morganton and Newland is for local service 
as Morganton and Newland are the trading centers for all of the territory lying along 
and adjacent to Highway 181 between Morganton and Newland. 

The service offered by the Applicant, Queen City Coach Company, would not 
serve the needs of the people for local service as fully as that offered by Burke Transit 
Company. 

Upon consideration of all of the testimony the hearing Commissioner is of the 
opinion that substantial public convenience and necessity has been shown for bus 
service over the highways described in the application of Burke Transit Company 
and that the said Burke Transit Company is able, willing and otherwise qualified to 



222 N. C. Utilities Commission 

render the service proposed in its application, and that the service offered by Burke 
Transit Company would better meet the demands and needs of the people living 
along these routes. 

It Is, Therefore, Ordered: 

1. That the apphcation of Burke Transit Company for authority to transport 
passengers by motor vehicle from Morganton over Highway N. C. 181 to Pineola 
via Jonas Ridge; from Pineola to Linville over N. C. 181 and U, S. 221; and from 
Linville to Newland over N. C. 181, and return, be, and the same is hereby, granted. 
2. That the application of Queen City Coach Company for franchise certificate 
to operate as motor carrier of passengers, baggage, hght express and newspapers 
from Morganton to Pineola via N. C. 181 be, and the same is hereby, denied. 

3. That certificate be issued to the Applicant, Burke Transit Company, when 
it has complied with all of the rules and regulation of this Commission. 
This 27th day of March, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Dockets No. 3188 and 3230. 

APPLICATION OF BURKE TRANSIT COMPANY TO TRANSPORT PAS- 
SENGERS FROM MORGANTON OVER U. S. 70 TO RUTHERFORD COL- 
LEGE; THENCE FROM RUTHERFORD COLLEGE OVER AN UNNUM- 
BERED HIGHWAY VIA DUDLEY SHOALS, GRANITE FALLS, TO THE 
TOWN OF LENOIR, N. C, AND RETURN. 

Order 
Before Commissioner Johnson. 

Appearances: For Applicant: 

J. E. Butler, Morganton, N. C. 

For Protestants: 

L. B. Hollowell, Gastonia, N. C, for Queen City Coach Com- 
pany 
W. H. Strickland, Lenoir, N. C, and L. M. Abernethy, 
Granite Falls, N. C, for Lenoir Motor Coach Company. 

Johnson, Commissioner: 

This cause coming on for hearing before Commissioner Johnson in Morganton, 
N. C, on the 11th day of April, 1946. 

After the call of the case the Applicant, Burke Transit Company, moved that they 
be allowed to withdraw all that part of the application from Pope's Store at Baton 
north to Lenoir, and from Morganton over U. S. 70 to the intersection of the Ruther- 
ford College Road. The Applicant further moved that the words "Dudley Shoals 
and Granite Falls" be stricken from the application. These motions were allowed 
and the Burke Transit Company offered sufficient evidence to show convenience and 
necessity from the intersection of the Rutherford College Road and U. S. Highway 
70 over the Rutherford College Road to Pope's Store at Baton. 

It Is, Therefore, Ordered, That franchise be granted to Burke Transit Com- 
pany to transport passengers as a motor vehicle carrier from the intersection of U. S. 



Decisions and Adjustments of Complaints 223 

Highway No. 70 and the Rutherford College Road over the Rutherford College 
Road to Pope's Store at Baton, and return over the same route; that certificate be 
issued when the applicant has compUed with the rules and regulations of this Com- 
mission. 

This 6th day of July, 1946. 

Stanley Winborne, Chairman 
Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 3307. 

APPLICATION OF BURKE TRANSIT COMPANY TO TRANSPORT PAS- 
SENGERS, THEIR BAGGAGE, MAIL, AND LIGHT EXPRESS OVER THE 
FOLLOWING ROUTES: 

1. FROM MORGANTON, N. C, SOUTHEAST OVER N. C. HIGHWAY NO. 18 
TO ITS POINT OF INTERSECTION WITH AN UNNUMBERED COUNTY 
HIGHWAY KNOWN AS THE "ENOLA ROAD," VIA THE TOWN OF EN- 
OLA, TO ITS POINT OF INTERSECTION WITH N. C. HIGHWAY NO. 18, 
AND RETURN OVER SAME ROUTE, A DISTANCE OF APPROXIMATE- 
LY 8.2 MILES. 

2. FROM MORGANTON, N. C, OVER N. C. HIGHWAY NO. 18 TO CHES- 
TERFIELD; THENCE OVER AN UNNUMBERED COUNTY HIGHWAY 
TO HARTLAND, AND RETURN OVER THE SAME ROUTE, A DISTANCE 
OF APPROXIMATELY 8.6 MILES. 

3. FROM MORGANTON, N. C, OVER N. C. HIGHWAY No. 181 NORTH TO 
ITS POINT OF INTERSECTION WITH N. C. HIGHWAY NO. 126; THENCE 
OVER HIGHWAY 126 TO ITS POINT OF INTERESTION WITH N. C. 
HIGHWAY NO. 105; THENCE OVER HIGHWAY NO. 105 APPROXI- 
MATELY 2.3 MILES TO ITS POINT OF INTERSECTION WITH UN- 
NUMBERED, UNIMPROVED COUNTY ROAD TO THE TOWN OF GLEN 
ALPINE, N. C, AND RETURN OVER SAME ROUTE, A DISTANCE OF AP- 
PINE, N. C, AND RETURN OVER SAME ROUTE, A DISTANCE OF AP- 
PROXIMATELY 29.3 MILES. 

4. FROM THE POINT OF INTERSECTION OF A COUNTY ROAD WITH 
N. C. HIGHWAY NO. 181 APPROXIMATELY 7 MILES NORTH OF THE 
TOWN OF MORGANTON, OVER SAID UNNUMBERED COUNTY ROAD 
A DISTANCE OF APPROXIMATELY 3.5 MILES TO ITS POINT OF IN- 
TERSECTION WITH N. C. HIGHWAY NO. 126, AND RETURN OVER 
THE SAME ROUTE. 

5. FROM POINT OF INTERSECTION OF U. S. HIGHWAY NO. 70 AND 
N. C. HIGHWAY NO. 114 EAST OF THE TOWN OF MORGANTON, AND 
OVER N. C. HIGHWAY NO. 114 TO THE TOWN OF DREXEL, AND RE- 
TURN OVER SAME ROUTE, A DISTANCE OF APPROXIMATELY 1 
MILE. 

6. FROM BRIDGEPORT, N. C, NORTH OVER UNNUMBERED COUNTY 
HIGHWAY KNOWN AS THE "ENON ROAD," VIA THE 'TALLS ROAD" 
TO ITS POINT OF INTERSECTION WITH U. S. HIGHWAY NO. 70, AND 
RETURN OVER SAME ROUTE, A DISTANCE OF APPROXIMATELY 
3 MILES. 



224 N. C. Utilities Commission 

7. FROM U. S. HIGHWAY NO. 70 AT THE INTERSECTION OF ANTIOCH 
ROAD APPROXIMATELY 33^ MILES EAST OF THE TOWN OF MOR- 
GANTON, NORTH OVER UNNUMBERED COUNTY HIGHWAY TO ITS 
POINT OF INTERSECTION WITH N. C. HIGHWAY NO. 18, AND RETURN 
OVER SAME ROUTE, A DISTANCE OF APPROXIMATELY 9.6 MILES. 

8. FROM THE POINT OF INTERSECTION OF COUNTY ROAD AND U. S. 
PIIGHWAY NO. 70 AT CONNELLY SPRINGS, N. C, NORTHEAST OVER 
UNNUMBERED COUNTY HIGHWAY KNOWN AS THE 'TvNOB ROAD," 
TO THE TOWN OF RHODHISS, AND RETURN OVER SAAIE ROUTE; A 
DISTANCE OF APPROXIMATELY 6 MILES. 

9. FROM VALDESE, N. C, OVER UNNUMBERED COUNTY ROAD VIA 
ABEE'S CHAPEL SOUTHEAST OF GEORGE HILDEBRAND SCHOOL 
AND CATAWBA COUNTY LINE, AND RETURN OVER SAME ROUTE, 
A DISTANCE OF APPROXIMATELY 12.4 MILES. 

10. FROM INTERSECTION OF COUNTY ROAD WITH N. C. HIGHWAY 
NO. 181 APPROXIMATELY 400 FEET SOUTH OF THE N. C. SCHOOL 
FOR THE DEAF BRIDGE, AND RUNNING THENCE TO HENREDON 
FURNITURE COMPANY, AND RETURN OVER SAME ROUTE. 

Okder 
Before Commissioner Johnson. 

Appearances: For the Applicant: 

J. E. Butler, Morganton, N. C. 

For the Protestants: 

L. B. Hollowell, Gastonia, N. C, for Queen City Coach Com- 
pany. 
Wm. C. Lassiter, Raleigh, N. C, for Atlantic Greyhound Corj). 

Johnson, Commissioner: 

The application of Burke Transit Company was called for hearing on the 26th day 
of June, 1946, in the Municipal Building at Hickory, N. C, before Commissioner 
Johnson. 

Protest was filed by the Atlantic Greyhound Corporation to that portion of the 
application over Highway No. 18 between Morganton and Chesterfield. Upon mn- 
tion of J. E. Butler, Attorney for the Applicant, that portion of the application be- 
tween Morganton and Chesterfield over Highway No. 18 and from L^. S. Highway 
70 over N. C. Highway 114 to Drexel was withdrawn. 

The evidence discloses that a great many workers in mills live along the routes 
applied for in the instant application and that service performed by the Applicant 
has met the public demand over a greater portion of the routes applied for; that the 
Applicant, Burke Transit Company, has supplied transportation to the mill workers 
throughout Burke County for several years and there is still a demand for the services 
being rendered by the Applicant. 

Convenience and necessity having been found; 

It Is, Therefore, Ordered, That the application of Burke Transit Company be, 
and the same is, hereby granted, to transport passengers, their Imggago, mail and 
tight express in the same vehicle over the following routes: 

1. From Morganton, N. C, Southeast, over N. C. Highway 18 to its point of 
intersection with an unnumbered county highway known as the "Enola Road," via 



Decisions and Adjustments of Complaints 225 

the Town of Enola, to its point of intersection with N. C. Highway 18, and return 
over same route, a distance of approximately 8.2 miles. 

2. From Chesterfield over an unnumbered county highway to Hartland, and re- 
turn over same route. 

3. From Morganton, N. C, over N. C. Highway 181 North to its point of inter- 
section with N. C. Highway 126; thence over Highway 126 to its point of intersec- 
tion with N. C. Highway 105; thence over Highway 105 approximately 2.3 miles 
to its point of intersection with unnumbered, unimproved county road to the Town 
of Glen Alpine, N. C, and return over same route, a distance of approximately 29.3 
miles. 

4. From the point of intersection of a county road with N, C. Highway 181 ap- 
proximately 7 miles North of the Town of Morganton, over said unnumbered county 
road a distance of approximately 3.5 miles to its point of intersection with N. C. 
Highway 126, and return over same route. 

5. From Bridgeport, N. C, North over unnumbered county highway known as 
the "Enon Road," via the "Falls Road" to its point of intersection with U. S. High- 
way 70, and return over same route, a distance of approximately 3 miles. 

6. From U. S. Highway 70 at the intersection of Antioch Road approximately 33^ 
miles East of the Town of Morganton, North over unnumbered county highway to its 
point of intersection with N. C. Highway 18, and return over same route, a distance 
of approximately 9.6 miles. 

7. From the point of intersection of county Road and U. S. Highway 70 at Con- 
nelly Springs, N. C, Northeast over unnumbered County Highway Known as the 
"Knob Road," to the Town of Rhodhiss, and return over same route, a distance of 
approximately 6 miles. 

8. From Valdese, N. C, over unnumbered County Road via Abee's Chapel South- 
east to George Hildebrand School and Catawba County line, and return over same 
route, a distance of approximately 12.4 miles. 

9. From intersection of County Road with N. C. Highway 181 approximately 
400 feet South of the N. C. School for the Deaf Bridge, and running thence to Henre- 
don Furniture Company, and return over same route. 

That certificate be issued when the Applicant has complied with rules, regulations 
and requirements of this Commission. 



This 9th day of July, 1946. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, ChieJ Clerk. 

Docket No. 3553. 

APPLICATION OF BURKE TRANSIT COMPANY, MORGANTON, TO 
OPERATE A PASSENGER SERVICE FROM MORGANTON TO GASTONIA 
VIA TOLUCA, CHERRYVILLE, AND DALLAS. 

Order Dismissing Application 

This cause comes before the Commission on the above application, Mr. J. Ed , 

Butler, of the Burke County Transit Company, informed the Commission in a letter 
15 



226 N. C. Utilities Commission 

of November 25, 1946, that he is no longer interested in the above application and 
requests the Commission to dismiss it. 

It Is Therefore Ordered, that the same be, and is hereby, dismissed. 

By Order of the Commission. 

This the 4th day of December, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Charles Z. Flack, Chief Clerk. 
Docket No. 3719. 

APPLICATION OF M. L. BURRUS FOR OPERATING RIGHTS FROM 
HATTERAS TO MANTEO. 

Order 
The apphcant, through his attorneys, Bailey, Holding, Lassiter, and Langston, 
having advised the Commission by letter dated March 21, 1946, that it is the desire 
of said applicant to withdraw the above-entitled application, It Is So Ordered, and 
the application is dismissed. 
This 22nd day of March, 1946. 

BY ORDER OF THE N. C. UTILITIES COMMISSION 
Charles Z, Flack, Chief Clerk. 
Docket No. 3416. 

IN THE MATTER OF CAMP LEJEUNE BUS SERVICE. 

Order 
TO: Carolina Coach Company, Raleigh, N. C; Queen City Coach Company, 
Charlotte, N. C; Seashore Transportation Company, New Bern, N. C. 
Whereas, existing bus service to and from Camp Lejeune has not proven satis- 
factory to the Camp authorities, the principal complaint being 

(a) That all carriers operating to Jacksonville do not have operating rights be- 
tween Jacksonville and Camp Lejeune; 

(b) That large numbers of passengers traveling through Jacksonville to and from 
the Camp bus station are required to change buses at Jacksonville; and 

(c) That the expense incurred by carriers at the Camp Lejeune bus station is not 
equally or equitably borne by the carriers using the facilities of said bus sta- 
tion; and 

Whereas, the Commission has been requested to intercede in the matter and to 
make such orders, rules and regulations as may be necessary to provide the trans- 
portation seivice desired to and from Camp Lejeune, and to that end 

You Are Hereby Directed to appear before the Commission at its hearing room, 
in the city of Raleigh, at 11:00 a. m. on April 15, 1946, and show cause, if any, why 
the bus service demanded by Camp Lejeune should not be provided, consideration 
being given to an order in the matter requiring, among other things, the following: 

1. That because of the size and importance of Camp Lejeune and the volume of 
traffic moving to and from said Camp through Jacksonville, N. C. Highway No. 
24 between Jacksonville and the Camp entrance be declared an open highway 
available to the use of all franchise carriers operating to or through Jacksonville. 

2. That insofar as the practical operation of buses will permit, all traffic to and 
from the Camp bus station be routed through Jacksonville without the neces- 
sity of a change of buses at Jacksonville. 



Decisions and Adjustments of Complaints 227 

3. That all motor carriers using the facilities of Camp Lejeuue bus station join in 
the employment of the same station employees, all of whom shall be competent, 
i-ehable and impartial; that consideration be given to the emplo^-ment of 

(a) an information clerk whose sole duty and responsibiUty shall be to answer 
inquiries as to available routes between points, schedules, connections, transfers, 
etc., without expressing preference for any route or for any carrier, 

(b) a ticket agent whose duty shall be to sell tickets over the routes requested 
by passengers without expressing preference for any route or for any carrier, 
and without directly or indirectly soliciting business for i\ny carrier, and 

(c) a baggage agent. 

4. That, unless otherwise mutuall}' agreed between carriers using the facihties of 
the Government-owned bus station at Camp Lejeune, the actual expense in- 
curred by carriers at said station be prorated between said carriers according to 
the ticket sales over their respective routes. 

5. That a certified copy of this order be mailed to Carolina Coach Company, 
Queen City Coach Company and Seashore Transportation Company by re- 
gistered mail with the post office return receipt requested. 

Issued b\' order of the Commission this 27th day of March, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Docket No. 3557. Charles Z. Flack, Chief Clerk. 

APPLICATION OF CAROLINA COACH COMPANY, RALEIGH, NORTH 
CAROLINA, FOR A FRANCHISE CERTIFICATE TO TRANSPORT PAS- 
SENGERS AS FOLLOWS: (1) WILSON VIA N. C. HIGHWAY NO. 42 TO 
JUNCTION OF N. C. HIGHWAY NO. 42 AND U. S. HIGHWAY NO. 70, 
THENCE VIA U. S. HIGHWAY NO. 70 TO JUNCTION OF U. S. HIGHWAY 
NO. 70 AND N. C. HIGHWAY NO. 50, THENCE TO RALEIGH ON EXIST- 
ING FRANCHISE, AVITH CLOSED DOORS FRO.M GARNER TO CLAY- 
TON (2) FROM SARATOGA TO FALKLAND VIA N. C. HIGHWAY NO. 222. 

Order 
Before The Full Commission. 

Appearances: 

Applicant : 

WilHam B. L" instead, Durham, North Carolina 
Hugh A. Page, Clayton, North Carolina 
Oliver G. Rand, Wilson, North Carolina 

Protestants: 
None. 

Hunter, Commissioner: This application for franchise rights to transport pas- 
sengers over the routes and between the points described in the caption came on for 
hearing in Raleigh on December 12, 1944. The applicant proposes to operate three 
round trips daily over (1) as set out in the caption, two of which said round trips will 
be provided by routing buses over this route which are now operated over U. S. 
Highways Nos. 64 and 264 between Raleigh and Wilson. The applicant also pro- 
poses to operate two round trips per day over (2) as described in the caption, one of 
which said round trips will be provided by routing a bus over said route which it now 
operates over U. S. Highway No. 264 between Wilson and Greenville. 

A very large number of citizens living along the proposed routes appeared before 



228 N. C. Utilities Commission 

the Commission and strongly supported the application. It appears from the testi- 
mony that both routes described in the application traverse densely populated sec- 
tions that are not now served by any motor vehicle carrier of passengers. Public 
convenience and necessity for a bus service over said routes was clearly shown by the 
testimony, and the Commission finds public convenience and necessity for such 
service. The advisability of diverting buses from the applicant's other routes must 
be determined by the need for service over those routes and permitted only to the 
extent that the proposed re-routing of buses will not adversely affect the existing 
service of the applicant. 

It Is, Therefore, Ordered that the appKcation of Carolina Coach Company for 
motor vehicle franchise rights to transport passengers (1) from Wilson over N. C. 
Highway No. 42 to Junction of said highway with U. S. Highway No. 70, thence 
over said Highway No. 70 to the Junction of said highway with N. C. Highway No. 
50, thence to Raleigh on the applicant's existing franchise, with closed doors be- 
tween Garner and Clayton, and return over same route, and (2) from Saratoga to 
Falkland over N. C. Highway No. 222 and return be, and the same is hereby, granted, 
the appUcant's franchise certificate to be amended accordingly if, when, and to the 
extent that operating rights over said routes are authorized by the Interstate Com- 
merce Commission. 



This the 25th day of January, 1945. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Attest: 

Charles Z. Flack, Chief Clerk, 

Docket No. 3184. 

DOCKET NO. 3272— APPLICATION OF CAROLINA COACH CO., RALEIGH 
N. C, TO TRANSPORT PASSENGERS, NEWSPAPERS, LIGHT EXPRESS 
MAIL AND/OR BAGGAGE IN SAME VEHILCE BETWEEN; (1) JACK- 
SONVILLE, N. C, AND THE MAIN GATE OF CAMP LEJEUNE (HADNOT 
POINT) VIA N. C. HIGHWAY 24, A DISTANCE OF UNDER FIVE MILES, 
AND RETURN OVER SAME ROUTE. INTERMEDIATE POINT OF 
MONTFORD POINT (COLORED MARINE AREA) TO BE SERVED. (2) 
FROM JUNCTION OF HIGHWAYS U. S. 258 AND U. S. 17 VIA U. S. 17, A 
DISTANCE OF ABOUT ONE MILE, TO TENT CITY, AREA OF CAMP 
LEJEUNE, AND RETURN OVER SAME ROUTE. BOTH OF ABOVE 
ROUTES ARE TO BE OPERATED WITH CLOSED DOORS BETWEEN 
JACKSONVILLE AND CAMP LEJEUNE. 

DOCKET NO. 3283— APPLICATION OF QUEEN CITY COACH CO., CHAR- 
LOTTE, N. C, FOR A FRANCHISE CERTIFICATE TO TRANSPORT 
PASSENGERS, NEWSPAPERS, LIGHT EXPRESS, MAIL AND/OR BAG- 
GAGE IN SAME VEHICLE BETWEEN: (1) JACKSONVILLE, N. C, AND 
MAIN GATE OF CAMP LEJEUNE, A DISTANCE OF LESS THAN FIVE 
MILES, VIA N. C. 24, SERVING OFF-ROUTE POINT OF MONTFORD 
POINT (COLORED AREA OF CAMP LEJEUNE). (2) JUNCTION OF 



Decisions and Adjustments of Complaints 229 

HIGHWAYS U. S. 258 AND U. S. 17, TENT CITY AREA OF CAMP LE- 
JEUNE VIA U. S. 17, A DISTANCE OF ONE MILE. SERVING ALL IN- 
TERMEDIATE POINTS ON EACH OF ABOVE DESCRIBED ROUTES. 

Before The Full Commission. 

Appearances: For The Applicants: 

William B. Umstead, Durham, N. C, for Carolina Coach Com- 
pany. 

J. Wilbur Bunn, Raleigh, N. C, for Queen City Coach Com- 
pany. 

For The Protestant: 

D. L. Ward, New Bern, N, C, for Seashore Transportation 
Company. 

Johnson, Commissioner : 

By separate applications heard at the same time in Raleigh on March 27, 1945, 
the CaroUna Coach Company of Raleigh, N. C, and the Queen City Coach Company 
of Charlotte, N. C, seek authority to transport passengers, newspapers, light ex- 
press, mail and baggage in the same vehicle as follows: (1) Between Jacksonville, 
N. C, and the main gate of Camp Lejeune (Hadnot Point), via N. C. Highway 24j a 
distance of approximately five miles, and return over the same route; intermediate 
point of Montford Point (Colored Marine Area) to be served. (2) From junction of 
Highways U. S. 258 and U. S. 17 via U. S. 17, a distance of about one mile to Tent 
City Area of Camp Lejeune and return over same route. 

The application of Carolina Coach Company is for authority to operate over the 
above routes with closed doors between Jacksonville and Camp Lejeune. The ap- 
plication of Queen City Coach Company seeks authority to serve all intermediate 
points on the above described routes. 

Findings of Fact 

The Carohna Coach Company holds extensive motor vehicle franchise rights in 
Virginia and in the area North and East of Jacksonville in North Carolina, including 
Kinston, Goldsboro, Wilson, Rocky Mount and Raleigh. 

The Queen City Coach Company holds extensive franchise rights over a number of 
highways in North and South CaroHna serving the cities of Raleigh, Wilmington; 
Fayetteville, Fort Bragg, Charlotte, Asheville, Florence and Charleston. 

The protestant. Seashore Transportation Company, holds franchise rights in 
North Carolina in that section of territory between Wilmington and Washington on 
the South and North; Goldsboro, Wilson and Rocky Mount on the West; Beaufort 
and the Atlantic Ocean on the East. 

The Carolina Coach Company under its application proposes to extend ea ch of its 
19 schedules now going into Jacksonville into Camp Lejeune and to put on two ad- 
ditional schedules to Washington, D. C. The Queen City Coach Company does not 
offer additional schedules but proposes to extend its 10 schedules now operating into 
Jacksonville on into Camp Lejeune. 

The Carolina Coach Company is operating between 2200 and 2300 franchise miles 
with 182 buses. The Queen City Coach Company is operating approximately 2600 



230 N. C. Utilities Commission 

miles with 216 buses. The Seashore Transportation Company is Operating ap- 
proximately 500 franchise miles with 116 buses. 

At the present time Camp Lejeune is served by the Seashore Transportation Com- 
pany which is operating 47 schedules per day between Hadnot Point and Jackson- 
ville, 17 schedules between Jacksonville and Tent City, 24 schedules between Jack- 
sonville and Montford Point, in addition to several schedules between the Rifle 
Range, Court House Bay and Jacksonville, all of these points being located within 
the Camp Lejeune Area. 

At the present time the Carolina Coach Company is operating 19 schedules into 
and out of Jacksonville per day destined to Richmond, Kinston, Goldsboro, Wilson, 
Rocky Mount, Greenville, Raleigh and beyond. The Queen City Coach Company is 
operating approximately 10 schedules per day into and out of Jacksonville destined 
to Fayetteville, Raleigh and beyond. The Seashore Transportation company, in 
addition to the schedules being operated to Camp Lejeune, is operating 26 schedules 
per day destined tg Wilson, New Bern, Washington, Goldsboro, Kinston, Wilson, 
Rocky Mount, Greenville, Beaufort and Wilmington. 

At the present time the Carolina Coach Company, the Queen City Coach Company 
and the Seashore Transportation Company are operating under an agreement where- 
by the applicants in this case would send buses into Camp Lejeune during rush 
periods, especially weekends, holdays, and on special govermnent movements, upon 
written request of the Seashore Transportation Company. 

All of the testimony offered tended to show that there was a congested condition 
at the Jacksonville Bus Station, especially on weekends. 

The Chief of Staff of Camp Lejeune testified that in his opinion the service that 
the Seashore Company was giving was entirely adequate and satisfactory, and that 
what he was interested in was through service to points like Richmond, Washington, 
D, C, and New York and service be3^ond the points that Seashore carriers them. 

Conclusions 

The applicants, Carolina Coach Company and Queen City Coach Company, have 
had operating rights into Jacksonville for several years. The testimony as a whole 
is very convincing that there is need of additional service from Jacksonville to in- 
terstate points North and West. The congested condition at Jacksonville is the re- 
sult of the failure of the applicants to furnish transportation to passengers delivered 
•to them at Jacksonville by the Seashore Transportation Company. 

The Carolina Coach Company does not have the buses in operation and is not 
providing the proper service for its passengers originating at Jacksonville, and does 
not maintain sufficient schedules over its lines leading from Jacksonville to accomo- 
date its passengers and eliminate the congested condition. It does not appear from 
the evidence that the Queen City Coach Company has been so neghgent in the care 
of its passengers. 

The time consumed by a passenger riding a Seashore bus from the Marine Base to 
Jacksonville and changing to an intercity bus would be no more than the time con- 
sumed by a passenger residing in either of the larger cities of North Carolina where 
they have to ride a local bus to the intercity union bus station and there change to an 
intercity bus, which case can best be illustrated by the condition at Greensboro, N. C, 
where the population is approximately the same as the population of Camp Lejeune. 
In addition to this normal population there is located within the city Umits of Greens- 
boro an Army air base with a complement of men equivalent to about one-half of 
that of Camp Lejeune. The soldiers located at this base ride an intracity bus to the 
union bus station where they have to change to an intercity bus operated by the apt 



Decisions and Adjustments of Complaints 231 

plicants in this proceeding or one other franchise carrier operating out of the City of 
Greensboro when leaving for distant points. 

Fort Bragg (a permanent miHtary fort), which has a military population greater 
than that of Camp Lejeune, is being served by the Greensboro-Fayetteville Bus 
Company which is operated by the Queen City Coach Company, one of the ap- 
phcants in this case. Fort Bragg is located approximately ten miles from Fayette- 
ville and the Queen City Coach Company is giving the same type of service into 
Fayette ville from Fort Bragg that Seashore is now giving from Camp Lejeune 
into Jacksonville. The service rendered by Queen City Coach Company into Fay- 
etteville from Fort Bragg appears to be satisfactory. In fact, we know of no mihtary 
reservation where more than one company serves the camp area. 

If the apphcants were permitted to operate their present schedules, plus two ad- 
ditional schedules offered by the Carolina Coach Company, into Camp Lejeune, it 
would have a tendency to break down the present adequate^ system now being ope- 
rated into the Camp by Seashore Transportation Company. The only difference 
between the proposed service and the present service (plus two schedules to Washing- 
ton, D. C.) is that if the franchise sought were granted some of the Marines would 
have the advantage of boarding the bus at the Camp rather than a change at Jack- 
sonville which would be a discrimination against passengers desiring to enter the bus 
at the Jacksonville Bus Station, as the buses would have been loaded when leaving 
the Camp, and would have the effect of a closed door operation through Jacksonville. 

This Commission is very much interested in seeing Camp Lejeune have the proper 
system of transportation and to that end will exercise its sole authority over sched- 
ules. However, we are firml}^ convinced that the granting of the applications as ap- 
phed for would give the Camp inferior service to that which it is now receiving and 
would not relieve the present congestion at Jacksonville, 

The granting of the appHcations as applied for would be an entering wedge toward 
the undermining of the union bus station system which in North Carohna has been a 
great service to the travelUng public. 

It Is, Therefore Ordered: 

1. That the appUcation of Queen City Coach Company be, and the same is hereby, 
denied. 

2. That the appHcation of Carolina Coach Company be, and the same is hereby, 
denied. 

This 31st day of July, 1945. 

Stanley Winborne, Chairman 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Dockets Nos. 3272 and 3283. 

Hunter, Commissioner, Dissenting : In arriving at a proper decision on the cap- 
tioned appHcations, all members of the Commission are motivated by a common 
desire to give Camp Lejeune the best possible transportation service. We differ only 
as to the best way to accomplish that purpose. My analysis of the situation leads to 
the conclusion that both appUcations should be granted. That is what the camp 
authorities want, and they speak for a constantly changing mihtary personnel of ap- 
proximately 50,000 people whose transportation needs equal that of a city of much 
larger population. Camp Lejeune is the finest and largest camp of its kind on the 
Atlantic Seaboard. It is as beautiful and as permanently constructed as any city in 
he State, represents an investment of many millions of dollars, and it has already 



232 N. C. Utilities Commission 

made a great contribution to the State without any expense or effort on our part. 
It has virtually made the Town of Jacksonville, which was a village of 873 population 
in 1940, at which time the entire county had a population of only 17,939, and it has 
paid tens of thousands of dollars to the bus companies operating in that section. 

The applicants both now operate to Jacksonville where their routes terminate 
within some ten or twelve miles of the center of the camp area. The fact that ample 
and satisfactory local service is now provided between Jacksonville and the camp 
does not satisfy the camp authorities, and it would be most surprising if it did. Ade- 
quate and satisfactory local service between Garner and Raleigh would not justify 
a change to local buses within seven miles of the Capital City. It is unusual for a 
bus route to terminate at a small town within a few miles of a large center of popu- 
lation, and there appears to be no good reason why buses should not operate through 
Jacksonville as they do through any other small town to a large center of population. 
The fact that the bus station in the camp is not under the supervision and control 
of either the Commission or carriers is a matter to be considered, but it is not an un- 
surmountable obstacle. The camp authorities understand that the ticket sales will 
be very large and must be properly handled and someone held to strict account for 
the funds and for proper division among the parties entitled thereto. That matter 
is now handled by the Jacksonville station which is operated according to the usual 
practice among carriers, and said station is under the general supervision and con- 
trol of the Commission. In so far as the sale of tickets and accounting therefor is 
concerned, I think the camp authorities will readily agree that ticket agents at the 
camp bus station and at other points in the camp area be placed under the control 
of the Jacksonville station agent and all ticket sales charged to said agent. Such 
arrangement is well within Rule 1 (g) of the Commission's Rules for the operation of 
union bus stations and will solve any complications relating to the sale of tickets and 
the proper handling of funds and will not disturb the existing station relationship 
between the operators involved. 

Feed C. Hunter, Commissioner. 

Docket Nos. 3272 and 3283. 

CAROLINA COACH COMPANY 

IN THE MATTER OF PETITION FOR APPROVAL OF SALE AND TRANS- 
FER OF ALL THE OUTSTANDING STOCK OF CAROLINA COACH 
COMPANY AND ITS SUBSIDIARIES TO CAROLINA INTER-CITY 
COACH COMPANY. 

Order 
It appearing to the Commission that the Carolina Inter-City Coach Company 
has filed applications with the Interstate Commerce Commission on form BMC-45 
and BMC-22 for authority to acquire all the outstanding stock of the Carolina Coach 
Company and its Wholly owned subsidiaries, Carolina Coach Company of Virginia 
and Rowan-Cabarrus Bus Line, Inc., copies of said applications on the foresaid forms 
having been filed with this Commission, together with the joint petition by Carolina 
Inter-City Coach Company and CaroHna Coach Company, which said petition 
questions the authority of the North Carolina Utilities Commission to pass upon the 
matter involved, but seeks its approval, if approval is required or authorized under 
Chapter 62, Section 107 of the General Statutes of North Carolina, 1943, which is as 
follows: 

"No franchise certificate, issued under the provisions of this Article, may be 
assigned or transferred, or pledged or hypothecated, in any way without the 
written consent of the Commission." 



Decisions and Adjustments of Complaints 233 

It further appearing that the transaction involved does not contemplate any as- 
signment, transfer, pledge, or hypothecation of the Interstate Franchise Certificate 
of Carolina Coach Company or of its subsidiaries above named, but is in effect a 
sale and transfer of the stock of the Carolina Coach Company and its subsidiaries 
from the ConsoUdated Electric and Gas Company, a corporation chartered under 
the laws of Delaware, to the CaroHna Inter-City Coach Company, a corporation 
chartered under the laws of Delaware, or from one holding company to another, and 
the Commission is of the opinion that it is not authorized by the above quoted sec- 
tion of the North Carolina law or by any other provision from the North Carolina 
law to approve or disapprove the acquisition of stock involved in this proceeding, 
and that it must necessarily abide by the decision of the Interstate Commerce Com- 
mission in the matter involved. 

It Is, Therefore, Ordered that the petition of the CaroUna Inter-City Coach 
Company and the Carohna Coach Company, together with apphcations on form 
MBC-45 and form MBC-22, filed with the Interstate Commerce Commission, be re- 
ceived and filed for information. 

By Order of the North Carolina Utilities Commission. 

This the 15th day of December, 1945. 

Stanley Winborne, Chairman 

Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3438. 

APPLICATION OF CAROLINA COACH COMPANY TO TRANSPORT PAS- 
SENGERS, EXPRESS, MAIL, NEWSPAPERS, AND/OR BAGGAGE OVER 
THE FOLLOWING HIGHWAYS: 1. FROM WASHINGTON, N. C, VIA 
N. C. 33 TO PACTOLUS, THENCE VIA UNNUMBERED COUNTY ROAD 
TO ITS JUNCTION WITH N. C. 11, AND THENCE VIA N. C. 11 TO GREEN- 
VILLE, N. C. 2. FROM PACTOLUS, N. C, VIA N. C. 33 TO JUNCTION OF 
N. C. 33 AND N. C. 11, AND THENCE VIA N. C. 11 TO BETHEL, N. C. 
3. FROM GREENVILLE VIA N. C. 11 TO JUNCTION OF N. C. 11 AND N. C. 
903, THENCE VIA N. C. 903 TO ROBERSONVILLE, N. C. 4. FROM JUNC- 
TION OF N. C. 11 AND N. C. 903 VIA N. C. 11 TO JUNCTION OF N. C. 11 
AND N. C. 33. RETURNING OVER THE SAME ROUTES AND SERVING 
ALL INTERMEDIATE POINTS. 

Order 
Before Commissioner Johnson. 

Appearances: For AppHcant: 

William B. Umstead, Durham, N. C. 
M. K. Blount, Greenville, N. C. 
Arch T. Allen, Raleigh, N. C. 

For Protestants: 
R. N. Simms, Jr., for Norfolk Southern Bus Corporation. 
W. B. Rodman, Jr., Washington, N. C, and D. L. Ward, New 

Bern, N. C, for Seashore Transportation Company. 
Dink James, Greenville, N. C, for Ricks Tours 

Johnson, Commissioner: 

AppUcation of CaroHna Coach Company, Docket No. 3574; appHcation of Sea- 
shore Transportation Company, Docket No. 3629; and application of Norfolk 



234 N. C. Utilities Commission 

Southern Bus Corporation, Docket No. 3636, were consolidated for the purpose of 
offering testimony to show convenience and necessity. The thiee applicants seek 
authority to operate in the same general territory and over each others routes, to 
some extent. 

The Carolina Coach Company withdrew Part 4 of its application which seeks 
authority to operate over N. C. 11 between junction of N. C. 11 and N. C. 903 and 
junction of N. C. 11 and N. C. 33. 

The Commission finds that ample testimony to show convenience and necessity 
was offered by the applicant, Carolina Coach Company, over N. C. 33 from Washing- 
ton to the intersection of N. C. 33 and N. C. 11, and thence over N. C. 11 into Bethel. 

It Is, Therefore, Ordered, That when the Carolina Coach Company has com- 
plied with all the rules and regulations of this Commission with respect to fihng of 
insurance, tariffs, schedules, etc., certificate of the Carolina Coach Company be 
amended as follows: 

"From Washington over N. C. 33 to the intersection of N. C. 33 and N. C. 11; 
thence over N. C. 11 to Bethel." 

All other parts of the application are hereby denied. 

This 161 h day of October, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3574. 

APPLICATION OF CAROLINA COACH COMPANY FOR REMOVAL OF 
RESTRICTIONS ON ITS FRANCHISE ROUTE BETWEEN RALEIGH 
AND CLAYTON OVER U. S. HIGHWAY 70 BETWEEN GARNER AND 
CLAYTON AND ALL INTERMEDIATE POINTS. 

Order 
Winborne, Chairman 

This Matter comes before the Commission upon petition filed by the CaroUna 
Coach Company on September 27, 1946, asking that the Commission remove the 
restrictions heretofore imposed in Docket No. 3184, which requhe the Carolina Coach 
Company to operate between Raleigh and Clayton over Highway 70, with closed 
doors for the reason that the operation was over the route for which franchise was 
held by the Atlantic Greyhound Corporation. 

This case was set to be heard before the Commission on the 12th day of December, 
1946 but at this time Mr. I. M. Bailey, Attorney for the Atlantic Greyhound Corpo- 
ration, addressed a letter to Mr. Charles Z. Flack, Chief Clerk of this Commission, 
informing him that the Atlantic Greyhound Corporation had no objection to the 
removal of the restrictions, as aforesaid, heretofore placed upon the Carofina Coach 
Company between Raleigh and Clayton. 

There being no other transportation company operating over, or interested in the 
operation of bus lines between Raleigh and Clayton over Highway No. 70, 



1 



Decisions and Adjustments of Complaints 235 

It Is Now Therefore Ordered, that the said restrictions imposed upon the 
Carolina Coach Company in Docket No. 3184 be and the same are removed, effective 
November 11, 1946. 



This the 6th day of November, 1946. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3775. 

APPLICATION OF CAROLINA COACH COMPANY AND W. HARRY KEE- 
TER, d/b/a KEETER'S BUS COMPANY FOR EXTENSION OF OPERA- 
TION AGREEMENT BETWEEN LANDIS AND KANNAPOLIS. 

Order 
Upon hearing of the apphcation of Keeter's Bus Company in Docket No. 2531 
and the apphcation of Carolina Coach Company in Docket No. 2556, which said ap- 
pHcations were heard on March 27, 1942, said apph cants entered into an agreement 
dated March 26, 1942, copy of which was filed with the Commission, providing among 
other things for operation of certain schedules by Keeter's Bus Company between 
Landis and Kannapolis over the franchise route of Carolina Coach Company, and 
said parties now apply to the Commission for approval of an extension of said agree- 
ment for a period of one year beginning March 26, 1945, and ending March 26, 1946; 
and the same having been considered by the Commission. 

It Is Ordered: 

That the application between Carolina Coach Company and Keeter's Bus Com- 
pany for extension of said agreement for a period of one year ending March 26, 1946, 
be and the same is hereby approved. 
This the 9th day of April, 1945. 

Fred C. Hunter, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 2531. 

APPLICATION OF CAROLINA COACH COMPANY AND W. HARRY KEE- 
TER, d/b/a KEETER'S BUS COMPANY FOR EXTENSION OF OPERA- 
TION AGREEMENT BETWEEN LANDIS AND KANNAPOLIS. 

Order 
Upon hearing of the application of Keeter's Bus Company in Docket No. 2531 
and the application of Carolina Coach Company in Docket No. 2556, which said 
applications were heard on March 27, 1942, said applicants entered into an agree- 
ment dated March 26, 1942, copy of which was filed with the Commission, providing 
among other things for operation of certain schedules by Keeter's Bus Company be- 
tween Landis and KannapoUs over the franchise route of Carolina Coach Company, 



256 N. C. Utilities Commission 

and said parties now apply to the Commission for approval of an extension of said 
agreement for a period of one year beginning March 26, 1946, and ending March 26, 
1947; and the same having been considered by the Commission. 

It Is Ordered: 

That the application between Carolina Coach Company and Keeter's Bus Com- 
pany for extension of said agreement for a period of one year ending March 26, 1947, 
be and the same is hereby approved. 
This the 18th day of April, 1946. 

Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 253L 

AGREEMENT BETWEEN CAROLINA COACH COMPANY, NORFOLK 
SOUTHERN BUS CORPORATION, AND VIRGINIA DARE TRANSPOR- 
TATION COMPANY RELATING TO THROUGH SERVICE BETWEEN 
CHARLOTTE AND MANTEO. 

Order 
Upon consideration of an agreement between the above-named parties, dated 
May 31, 1946, providing for through service in the transportation of passengers 
between Charlotte and Manteo during the time of the holding of "The Lost Colony" 
pageant at Manteo or from about July 1, 1946, to September 1, 1946; and the Com- 
mission being of the opinion that said operating agreement is in the public interest 
and should be approved, It Is So Ordered. 
This the 3rd day of July, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3678. 

OPERATING AGREEMENT BETWEEN CAROLINA COACH COMPANY, 
CAROLINA COACH COMPANY OF VIRGINIA, AND VIRGINIA STAGE 
LINES, INC., PROVIDING FOR THROUGH BUS SERVICE BETWEEN 
POINTS IN NORTH CAROLINA AND NORFOLK, VIRGINIA, ON ONE 
HAND, AND WASHINGTON, D. C, ON THE OTHER. 

Order 
It appearing to the Commission that Carolina Coach Company, Carolina Coach 
Company of Virginia, and Virginia Stage Lines, Inc., under date of November 28, 
1945, entered into an operating agreement providing for the operation of through 
buses over their respective franchise routes (1) between Charlotte, North Carolina, 
and Washington, D. C, (2) between Raleigh, North Carolina, and Washington, 
D. C, (3) between Jacksonville and Camp Lejeune, North Carolina, and Washing- 
ton, D. C, and (4) between Norfolk, Virginia, and Washington, D. C, under the 
terms and conditions specifically set out in said agreement, a copy of which has been 
filed with the Commission; and upon consideration of the same, the Commission is of 
the opinion that the operation of buses as contemplated by said agreement, without 
the necessity of transferring passengers and their baggage at the end of the franchise 



Decisions and Adjustments of Complaints 237 

routes of the respective carriers named, will greatly convenience the traveling public, 
and that said agreement should be approved; And It Is So Ordered. 
By Order of the N. C. Utilities Commission. 
This the 18th day of December, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3465. 

APPLICATION OF CAROLINA COACH COMPANY OF VIRGINIA FOR 
OPERATING RIGHTS FROM GARYSBURG VIA 301 TO INTERSECTION 
OF N. C. 195, THENCE VIA N. C. 195 TO N. C.-VA. STATE LINE AND 
RETURN VIA SAME ROUTE; FROM INTERSECTION OF U. S. 158 AND 
N. C. 37 VIA N. C. 37 TO THE N. C.-VA. STATE LINE AND RETURN VIA 
SAME ROUTE; FROM INTERSECTION OF U. S. 158 AND UNNUMBERED 
HIGHWAY ABOUT THREE MILES NORTHEAST OF WINTON, VIA 
UNNUMBERED HIGHWAY TO GATES, N. C, AND RETURN VIA SAME 
ROUTE. 

Order 
Appearances: For Applicant: 

Arch T. Allen, Attorney, Raleigh, North Carolina 

For Protestant: 
J. James Davis, Attorney, South Norfolk, Virginia, for Hill's 
Bus Line. 

Hunter, Commissioner: This is an appHcation for an amendment to the appli- 
cant's certificate for authority to extend its service over the routes set out in the 
caption. The cause came on for hearing in Raleigh on June 27, 1946, and was sup- 
ported by a large number of citizens Uving in the area of the proposed service from 
whose testimony the Commission finds pubUc convenience and necessity therefor. 

F. P. Hill d/b/a Hill's Bus Line, entered a protest by wire on the day of the hear- 
ing, but it appears that said protest relates to operations between Murfreesboro and 
Winton, a route not involved in the instant application. 

It Is, Therefore, Ordered 

That the appUcation of Carolina Coach Company of Virginia for authority ^to 
amend its certificate to include the transportation of passengers, newspapers, ex- 
press, mail, and baggage, over the routes set out in the caption, be, and the same is 
hereby, granted, and that the appHcant's certificate be amended accordingly. 

Issued by order of the Commission. 



This 16th day of August, 1946. 



Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3572. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



238 N. C. Utilities Commission 

CAROLINA POTV^R AND LIGHT COMPANY 

IN THE MATTER OF THE OPERATION OF THE RALEIGH BUS SYSTEM 
BY CAROLINA POWER AND LIGHT COMPMNY OVER FIXED ROUTES. 

Order 

The petition of Carolina Power and Light Company was heard by the North Cai'o- 
lina UtiUties Commission on the 22 day of October, 1946, in which it seeks the Com- 
mission's approval of the establishment of new routes for the operation of its motor 
buses within the City of Raleigh, in accordance with a resolution adopted by the 
Commissioners of the City of Raleigh on the 16 day of October, 1946, a copy of 
which is attached to the petition in this proceeding, and it appearing to the Com- 
mission that the public transportation service rendered by petitioners will be im- 
proved and the interest of the public will be promoted by the estabUshment of said 
new routes; 

It is therefore ordered, adjudged and decreed that the aforesaid resolution adopted 
by the Commissioners of the City of Raleigh on October 16, 1946, a copy of which is 
attached to the petition in this proceeding, be, and the same is hereby approved, and 
petitioner is authorized and empowered to establish new routes for its bus service as 
set forth in said resolution. 

Any orders of the Commission heretofore made estabhshing fixed routes for the 
operation of buses by petitioner, inconsistent with this order, are hereby superseded 
and abrogated to the extent of any such inconsistencies. 

This 22 day of October, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Attest: Stanley Winborne, Chairman 

Charles Z. Flack, Chief Clerk. Fred C. Hunter, Commissioner 

T^ 1 4. TVT ooA« ^- Gr. Johnson, Commissioner. 

Docket No. 3806. 

APPLICATION OF CAROLINA SCENIC COACH LINES FOR FRANCHISE 
CERTIFICATE TO TRANSPORT PASSENGERS, NEWSPAPERS, EX- 
PRESS, MAIL AND/OR BAGGAGE IN SAME VEHICLE WITH PASSEN- 
GERS AS FOLLOWS: FROM CHIMNEY ROCK, N. C, TO LAKE LURE, 
N. C, OVER U. S. HIGHWAY NO. 74; THENCE TO N. C.-S. C. STATE 
LINE OVER U. S. HIGHWAY NO. 9; AND RETURN OVER THE SAME 
ROUTE. 

Order 

Before Commissioners Hunter and Johnson. 

Appearances: For Applicant: 

C. W. Tillett, Charlotte, N. C. 
L. A. Odom, Spartanburg, S. C. 
M. R. McCown, Tryon, N. C. 

For Protestant: 

J. Wilbur Bunn, Raleigh, N. C. 
R. E. Hanna, Cheraw, S. C. 
J. Y. Jordon, Jr., Asheville, N. C. 
For Queen City Coach Company 

Johnson, Commissioner: 

This cause arises upon the application of Carolina Scenic Coach Lines for franchise 
certificate to transport passengers, newspapers, express, mail and/or baggage in 
same vehicle with passengers over the routes set out in the above caption. 



Decisions and Adjustments of Complaints 239 

After hearing all of the evidence offered by the applicant the Commission is of the 
opinion that the evidence does not justify the operations proposed by the applicant 
over the route apphed for. Convenience and necessity not having been shown, 

It Is, Therefore, Ordered That the application be dismissed. 

This 5th day of June, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R, G. Johnson, Commissioner. 

Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3196. 

APPLICATION OF CAROLINA SCENIC COACH LINES TO TRANSPORT 
PASSENGERS, NEWSPAPERS, EXPRESS, MAIL, AND BAGGAGE OF 
PASSENGERS FROM THE N. C.-S. C. STATE LINE TO SHELBY OVER 
N. C. HIGHWAY NO. 150 VIA BOILING SPRINGS. 

Order 
Appearances: For the Applicant: 

C. W. Tillett, Charlotte, N. C, and L. A. Odom, Spartanburg, 
South Carolina. 

For the Protestants: 
Henry B. Edwards, Shelby, N. C, K. J. Kindley, Charlotte, 
N. C, and Bunn and Arendell, Raleigh, N. C, for Queen 
City Coach Company. B. T. Falls, Jr., Shelby, N. C, J. 
Nat Hamrick, Rutherfordton, N. C, and O. M. Mull, Shelby 
N. C, for Rutherford County Transit Company. I. M., 
Bailey and Clem B. Holding, Raleigh, N. C, for Atlantic 
Greyhound Corporation. 

Hunter, Commissioner: This application was set for hearing and heard on Feb- 
ruary 21 and 22, 1945, along with the application of Queen City Coach Company 
in Docket No. 3229 and the application of Rutherford County Transit Company in 
Docket No. 3247. Thereafter, under date of May 2, 1945, said applicants entered 
into an agreement, which was filed with and approved by the Commission, providing, 
among other things, that the appHcation of Queen City Coach Company in Docket 
No. 3229 and the appHcation of Rutherford County Transit Company in Docket 
No. 3247 be withdrawn, and orders have been issued accordingly. Following said 
agreement, the interstate application of CaroUna Scenic Coach Lines, Docket No. 
MC-14486 (Sub-No. 13), for operating rights over the same routes described in the 
caption, was heard by Joint Board No. 2 without protest or opposition by Queen 
City Coach Company or Rutherford County Transit Company, which said inter- 
state hearing resulted in a recommended order authorizing interstate operations. 

We now have for consideration the intrastate application of Carolina Scenic Coach 
Lines as described in the caption, to which there is now no protest. In this situation,, 
it seems unnecessary to review the testimony of some twenty witnesses whose testi- 
mony was to the effect that service is needed over some portions of N. C. Highway 
No. 150 and particularly over the portion of said highway between Boiling Springs 
and the N. C.-S. C. State Line, over which there is no bus service. The applicant now 
holds rights and operates between shelby and Gaffney over Highway No. 18. The 
proposed service may be conveniently operated as an alternate route between Said: 



240 N. C. Utilities Commission 

points, with little or no additional expense or additional equipment. Under the facts 
presented, we find public convenience and necessity for the proposed service. 

It Is, Therefore, Ordered that the application of CaroUna Scenic Coach Lines 
for motor vehicle franchise rights to transport passengers, newspapers, express, mail, 
and baggage of passengers from the N. C.-S. C. State Line to Shelby, North Carolina 
over N. C. Highway No. 150 via Boiling Springs, North Carolina, be, and the same 
is hereby, granted and that the applicant's franchise certificate be amended to in- 
clude said rights. 

This the 26th day of July, 1945. 

Stanley Winborne, Chairmal 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest : 

Charles Z. Flack, Chief Clerk. 

Docket No. 3231. 

OPERATION OF CAROLINA SCENIC COACH LINES BETWEEN SHELBY 
AND THE N. C.-S. C. STATE LINE OVER N. C. HIGHWAY NO. 150 VIA 
BOILING SPRINGS. 

Order Extending Time In Which Operation Must Begin 
It appearing to the Commission that the operation authorized by the Commission's 
order in this cause, dated July 26, 1945, cannot be performed with safety to passen- 
gers because of the condition of a certain bridge and that the effective date of said 
order should be extended for a period of ninety days or until October 24, 1945; and 
it is So Ordered. 

This the 23rd day of August, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3231. 

AGREEMENT BETWEEN CAROLINA SCENIC COACH LINES, QUEEN 
CITY COACH COMPANY AND RUTHERFORD COUNTY TRANSIT 
COMPANY WITHDRAWING PENDING APPLICATIONS. 

Order 
Under date of May 2, 1945, the Carolina Scenic Coach Lines of Spartanburg, 
S. C, a partnership composed of McDuff Turner and others; Queen City Coach 
Company, Charlotte, N. C, a corporation; and Rutherford County Transit Com- 
pany, Rutherfordton, N. C, a corporation; entered into a written agreement, a copy 
o f which has been filed with the Commission, which said agreement provides among 
other things: 

1. That Carolina Scenic Coach Lines withdraw its N. C. Application No. 3301. 

2. That the Queen City Coach Company withdraw its N. C. Application No. 
3260 and No. 3293, as amended. 

3. That the Rutherford County Transit Company withdraw its N. C. Applications 
No. 3247, 3266, 3275, 3303 and 3317. 



Decisions and Adjustments of Complaints 241 

The Commission being of the opinion that said agreement is in the pubUc interest 
and that the aforesaid applications before this Commission should be withdrawn, 
It Is Therefore, Ordered : 

1. That the application of Carolina Scenic Coach Lines in Docket No. 3301 be 
withdrawn and the cause dismissed. 

2. That the appUcations of Queen City Coach Company in Docket No. 3260 and 
No. 3293, as amended, be withdrawn and said causes dismissed. 

3. That the appUcations of Rutherford County Transit Company in Dockets 
No. 3247, 3266, 3275, 3303 and 3317 be withdrawn and said causes dismissed. 

4. That the aforesaid agreement between said parties dated May 2, 1945, be and 
the same is hereby approved. 

This the 17th day of May, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

Charles Z. Flack, Chief Clerk. 

Dockets Nos. 3301, 3260, 3293, 3247, 3266, 3275, 3303, 3317. 

DOCKET NO. 3350— APPLICATION OF CAROLINA STAGES, SPARTAN- 
BURG, SOUTH CAROLINA, FOR RIGHTS FROM GASTONIA TO STATE 
LINE VIA HIGHWAY NO. 274. 

DOCKET NO. 3362— APPLICATION OF SMOKY MOUNTAIN STAGES, 
ASHEVILLE, NORTH CAROLINA, FOR RIGHTS FROM GASTONIA TO 
STATE LINE VIA HIGHWAY NO. 274. 

Order 
Appearances: 

L. B. Hollowell, Gastonia, North CaroHna, for Smoky Moun- 
tain Stages. 
C. W. Tillett, Charlotte, North Carolina 
Earnest R. Warren, Gastonia, N. C. for CaroHna Stages. 

Hunter, Commissioner: At the call of the above applications for hearing in Raleigh 
on January 25, 1946, the appUcants entered into an agreement which provided, 
among other things, that Carolina Stages withdraw its appUcation in Docket No. 
3350 and also its protest to the granting of the application of Smoky Mountain Stages 
in docket No. 3362, a copy of which said agreement was filed with and approved by 
the Commission. Thereupon, Smoky Mountain Stages offered some 25 witnesses 
living along the proposed route whose testimony strongly supported the application, 
and from which the Commission finds public convenience and necessity for the pro- 
posed service. In the absence of any testimony of the contrary and the protestant's 
appHcation having been withdrawn, a recapitulation of the testimony offered is 
deemed unnecessary. 

It Is, Therefore, Ordered: 

1. That the application of CaroUna Stages in Docket No. 3350 be, and the same is, 
hereby dismissed. 

2. That the application of Smoky Mountain Stages, Inc. for motor vehicle fran- 
chise rights to transport passengers, their baggage, newspapers, express and mail in 
the same vehicle with passengers, from Gastonia to the North Carolina-South Caro- 

16 



242 N. C. Utilities Commission 

Una State Line over N. C. Highway No. 274 and return, be, and the same is, hereby 
granted, and that the applicant's franchise certificate be amended accordingly upon 
presentation to the Commission. 

By order of the N. C. UtiUties Commission. 
This the 11th day of April, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Dockets 3350 and 3362. 

A LEASE BY CAROLINA TRANSPORTATION COMPANY OF ITS INTRA- 
STATE FRANCHISE RIGHTS AND OPERATING EQUIPMENT TO 
THURSTON MOTOR LINES, INC. 

Order 

This cause arises upon certain contracts and agreements, copies of which are at- 
tached to the petition herein, the effect of which, among other things, is to transfer 
to Thurston Motor Lines, Inc., the intrastate franchises and operating properties of 
Carolina Transportation Company under a lease agreement between said parties 
for the term of 180 days beginning December 23, 1944, with the right of Thurston 
Motor Lines, Inc., to purchase said franchise rights from the CaroUna Transporta- 
tion Company, said option or right to purchase to be exercised at any time during 
said term upon thrity days written notice to said Carolina Transportation Company, 
the petition herein being for approval of said lease agreement. 

It appears to the Commission, upon representations made by the officials of said 
contracting parties, that upon approval of said lease agreement by the Commission 
the said Carolina Transportation Company will cease operating as an intrastate 
franchise carrier on the 8th day of January ,1945, and that Thurston Motor Lines, 
Inc., will begin operations under said lease agreement on said date, will take over the 
operating equipment and terminal facilities of Carolina Transportation Company, 
operate the schedules now being operated by said Carolina Transportation Company, 
serving all intrastate routes, points, and places now being served by said Company 
under its existing intrastate authority and will improve the service now being ren- 
dered by Carolina Transportation Company as rapidly as the need for service and 
the availability of equipment and facilities will permit. 

It further appears to the Commission from representations made that the Carolina 
Transportation Company is operating at a loss and is indebted to various parties, 
the aggregate of which on the date hereof not being definitely fixed, but it appears 
from representations made by the Carolina Transportation Company that its assets 
are sufficient to pay all the lawful debts and claims against it in full and that it will 
pay in full the claims of all shippers for goods lost or damaged w^ithin thirty days 
from the date same are fixed and determined as lawful claims and that all such claims 
now fixed and determined will be paid within thirty days from the date hereof. 

It further appears to the Commission that Thurston Motor Lines, Inc., is a large 
weU-managed motor vehicle carrier, has the experience, personnel, and equipment 
necessary to provide reasonably satisfactory and adequate service under said lease 
agreement, and is in financial condition to maintain said service and to improve it; 
and it further appears, upon consideration of all the facts presented to the Commis- 
sion that said lease agreement and the transfer thereunder of the operations now 



Decisions and Adjustments of Complaints 243 

being conducted by Carolina Transportation Company to Thurston Motor Lines, 
Inc., is and will be in the public interest. 

It Is, Therefore, Ordered: 

1. That said lease agreement dated December 1, 1944, effective as of December 
23, 1944, a copy of which is attached to the petition herein, be, and the same is herepy, 
approved, and the said Thurston Motor Lines, Inc., is hereby authorized to begin 
operations thereunder on the 8th day of January, 1945, the approval herein relating 
only to the lease of said intrastate franchises and operating properties of Carolina 
Transportation Company and is not to be construed as an approval of the sale of 
said franchises. 

2. That the Carolina Transportation Company shall prepare and file with this 
Commission within thirty days from the date it ceases operations an itemized report 
of all its debts, secured and unsecured, including approved claims of shippers for 
goods lost or damaged and claims of hke character which have been filed against it 
or of which it has knowledge but which have not been approved as valid claims, giving 
the date of all such debts and claims, when due, to whom payable, and the amount of 
cash available for the payment of the same, and shall thereafter file with the Com- 
mission monthly, on the first day of each and every month, a Hke report, so long as 
any of its debts and obligations remain unpaid, which monthly reports shall include a 
full and correct report of all receipts and disbursements since the date of the pre- 
ceding report. 

3. That said CaroHna Transportation Company shall hold in trust all its assets 
not passing to Thurston Motor Lines, Inc., under said lease agreement and apply 
the same to the payment of said debts and claims, and it shall so hold and apply all 
funds received from Thurston Motor Lines, Inc., under said lease agreement, applying 
said funds first to the payment of liens against its equipment to the extent of the 
installments due thereon. 

4. That Carolina Transportation Company shall exercise due diligence in collecting 
its q.ccounts, fixing the amount of and adjusting the claims against it, and in winding 
up its affairs as a motor vehicle carrier, and shall employ sufficient competent person- 
nel to carry out the provisions of this order. 

5. That this cause be retained for further orders with respect to the approval of 
the proposed sale of franchise rights in the event Thurston Motor Lines, Inc., elects 
to exercise its right of purchase as provided in said lease agreement and also with 
respect to the payment by Carolina Transportation Company of the debts and claims 
against it. 

This 5th day of January, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3232. 

SALE BY CAROLINA TRANSPORTATION COMPANY OF ITS OPERATING 
PROPERTIES, REAL ESTATE, AND INTRASTATE FRANCHISE RIGHTS. 

Order 

The Commission having under consideration and having, by order on the date 
hereof in Docket No. 3232, approved the sale by the CaroUna Transportation Com- 
pany of its intrastate franchise rights and operating properties, and further having 



244 N. C. Utilities Commission 

under consideration the protection of the claimants against Carolina Transportation 
Company for loss and damage claims, interline accounts, trade accounts, and other 
claims, the aggregate of which claims which have been filed with and approved by the 
Carohna Transportation Company, amounting to approximately $71,000, and it 
appearing that Carolina Transportation Company, as a part of the purchase price 
for its franchise rights and operating properties, received 513 shares of the Com- 
mon stock of Thurston Motor Lines, Inc., having a book value of approximately 
$120 per share or a total value of approximately S61,560, and that said stock is 
to be delivered to the State Capital Life Insurance Company, trustee for the Wa- 
chovia Bank and Trust Company as security for a loan on real estate owned by 
the CaroUna Transportation Company in Wake County and to the extent of in- 
debtedness in favor of the Wachovia Bank and Trust Company in the sum of $23,000, 
said amount being the amount which the parties have agreed shall be secured by 
such stock to constitute a security for its loan, and said stock is to be held under 
a lien for the discharge of said amount in indebtedness; and the officials of said 
Carolina Transportation Company having appeared in person before the Com- 
mission in connection with the approval of the sale hereinbefore referred to and in 
connection with the disposition of payment of claims by claimants against the 
company, the said Carolina Transportation Company through its officials hav- 
ing consented to the naming and having named I. J. Bailey escrow agent for the 
purposes hereinafter set out, and that said escrow agent now has on deposit with 
the Wachovia Bank and Trust Company the sum of $24,965.13 derived from three 
items; to wit, $13,034.13 by Thurston Motor Lines, being the balance after adjust- 
ment of $20,000 cash to be paid upon consummation of the sale $7,011 being the 
purchase price for stock issued to Carolina Transportation Company in connection 
with the payment of the purchase price but purchased by D. J. Thurston, Jr. $4,920 
being the purchase price for Thurston Motor Lines' stock, issued to Carolina Trans- 
portation Company in connection with the purchase price, purchased by Mr. Edwin 
Pate and associates, which said sum of $24,965.13 exceeds the total of loss and damage 
claims, interline accounts, and overcharges reported to the Commission by the Caro- 
lina Transportation Company and which the Commission requested be paid to said 
escrow agent for the payment of said claims upon the consummation of said sale 
and it further appearing that CaroUna Transportation Company has made arrange- 
ments whereby other claims against it will be paid at an early date except claims the 
payment of which has been deferred by agreement with claimants. 

It Is Now, Therefore, Ordered by the Commission: 

I. That the Carolina Transportation Company shall file in the office of the Com- 
mission on or before the 15th day of October, 1945, a report supplemental to the re- 
port filed under date of July 14, 1945, showing the claims which have been filed 
against it, and, in addition thereto, the claims of whch it has knowledge, showing 
the claims which have been approved and the total amount thereof, and said Carohna 
Transportation Company shall file a copy of each of said reports with I. M. Bailey, 
escrow agent; 

II. That the appointment of the said I. M. Bailey, escrow agent, be, and the same 
is hereby, approved, and he is hereby directed to do and perform the following duties : 

Hold said sum of $24, 965.13 and other funds and securities paid to him as escrow 
agent and pay out the same: 

(1) Upon the claims approved by CaroUna Transportation Company, said ap- 
proval to be evidenced by the signature of Irving F. Hall, president, and George 
D. Johnson. 



Decisions and Adjustments of Complaints 245 

(2) Upon certified copy of any judgement on a claim or claims against Carolina 
Transportation Company rendered by any court of competent jurisdiction. 

III. The said escrow agent shall hold said funds, for the purposes hereinbefore 
defined, until twelve o'clock noon on the 30th day of June, 1946, less payments made 
in accordance with II above. After twelve o'clock noon on June 30, 1946, after 
making provisions for any claims against Carolina Transportation Company ap- 
proved or determined in accordance with II, the escrow agent shall pay over to 
CaroHna Transportation Company any sum remaining in his hands as escrow agent. 

IV. The Carolina Transportation Company having received 513 shares of the 
common stock of Thurston Motor Lines, Inc., as a part of the purchase price in con- 
nection with the sale to Thurston Motor Lines, Inc., and having agreed to deliver 
the same to State Capital Life Insurance Company, trustee for Wachovia Bank and 
Trust Company, as substitute security for a lien on the real estate owned by Carolina 
Transportation Company in Wake County, It Is Ordered that the State Capital 
Life Insurance Company hold any surplus which may be derived from the sale of 
any of said stock after the discharge of the aforesaid indebtedness to the Wachovia 
Bank and Trust Company for delivery to the escrow agent hereinbefore named up to 
twelve o'clock noon on June 30, 1946, and hold said stock, or any part thereof, for 
delivery to said escrow agent upon the discharge of the aforesaid indebtedness to 
the Wachovia Bank and Trust Company up to twelve o'clock noon on June 30, 1946. 

V. The Carolina Transportation Company shall promptly file with the escrow 
agent all approved claims which have been filed against it and upon approval of any 
claim shall immediately file said claim with said escrow agent. The Carolina Trans- 
portation Company shall notify the escrow agent promptly of any disputed claim 
and of any litigation in connection with any claim filed against it and upon judicial 
determination of any claim against it shall immediately file a certified copy of the 
judgment in connection with such judicially determined claim. Upon failure of 
CaroUna Transportation Company to comply with the provisions of this section, the 
escrow agent is directed to file information of this failure with the Commission, and 
the Commission reserves the right to proceed in any way it deems necessary to secure 
compliance with this order. 

VI. Upon the discharge of his duties hereunder, the escrow agent shall file a state- 
ment of his receipts and disbursements in connection herewith. 

This order being entered in connection with the disposition of the purchase price 
received by CaroHna Transportation Company for its intrastate operating rights and 
property and being for the discharge by the Commission of its statutory obligation 
in connection with the approval of said sale by Carolina Transportation Company, 
this matter is retained by the Commission for such further orders in the premises as 
may be necessary from time to time herein, but this order shall not in any manner 
serve to extend the period within which claims may be filed nor to create any pref- 
erence against assets of Carolina Transportation Company. 
This the 24th day of September, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3232. 



246 N. C. Utilities Commission 

SALE BY CAROLINA TRANSPORTATION COMPANY OF ITS INTRA- 
STATE FRANCHISE RIGHTS AND OPERATING EQUIPMENT TO 
THURSTON MOTOR LINES, INC. 

Order 

This matter coining on to be heard before the Commission and it appearing that 
the Commission on the 5th day of January, 1945, entered an order in this docket 
approving a lease by Carolina Transportation Company of its intrastate franchise 
rights and operating equipment to Thruston Motor Lines, Inc., under and pursuant 
to a contract between said Carolina Transportation Company on the one hand and 
Thurston Motor Lines, Inc., on the other hand, which said contract provided for the 
sale of said intrastate franchise rights and operating equipment when, as, and if ap- 
proved by the Interstate Commerce Commission, and it further appearing that on the 
16th day of June, 1945, in Docket No. MC-F-2715 the Interstate Commerce Com- 
merce Commission in "D. J. Thurston, Jr.,-control; Thurston Motor Lines, Inc.,- 
purchase-Carolina Transportation Company" authorized the sale by CaroUna Trans- 
portation Company of its interstate rights and of the sale as covered generally by the 
contract filed with this Commission, and it further appearing that the final transfer 
is now ready to be made and the transaction has been consummated between the 
parties on the 20th day of June, 1945, pursuant to the order of the Interstate Com- 
merce Commission; 

Now, Therefore, It Is Ordered by the Commission that the sale by Carolina 
Transportation Company of its intrastate franchise rights, operating equipment 
and real estate be, and the same is hereby, approved. 

It Is Further Ordered by the Commission that the intrastate certificate of 
Carolina Transportation Company be re-issued to Thurston Motor Lines, Inc. 

This the 24th day of September, 1945. 

Stanley Winborne, Chairman 

Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 3232. 

APPLICATION OF LESLIE T. CARROW, WILLIAMSTON, NORTH CARO- 
LINA, FOR FRANCHISE CERTIFICATE TO TRANSPORT PASSENGERS 
FROM SMITH'S STORE TO SCOTLAND NECK, A DISTANCE OF NINE 
MILES, AND NORFLEET TO SCOTLAND NECK, A DISTANCE OF EIGHT 
MILES. 
Appearances: Order 

For the Petitioner: Clarence W. Griffin, Williamston, N. C. 

Winborne, Chairmxxn 

This matter came before the Commission upon appUcation of Leslie T. Carrow 
of Williamston, North Carolina, for a franchise to operate a passenger bus line from 
Smith's Store to Scotland Neck, a distance of nine miles, and from Norflect to Scot- 
land Neck, a distance of eight miles, and return, and was heard in the Hearing Room 
of the Commission, on November 30, having been postponed from November 1, 
1944. 

The applicant offered in evidence affidavit of pubUcation of notice. 

The applicant, Leslie T. Carrow, being duly sworn, testified that he was familar 
with the territory through which he desired to operate buses and had made a full 
investigation of the need for said service and was of the opinion that there would be 



Decisions and Adjustments of Complaints 247 

sufficient business to justify the operation of buses from Smith's Store to Scotland 
Neck and from Norfleet to Scotland Neck every Saturday and occasionally on other 
days of the week. He also testified that it was a strictly rural operation through a 
good agricultural section and that there were no other towns between Smith's Store 
and Scotland Neck or between Norjfleet and Scotland Neck, but that large numbers 
of farm hands as well as farm owners would use his service in going to town on Sat- 
urdays. He further testified that he had a bus chassis upon which he expected to 
have a bus body placed if he received the franchise, and stated that he was financi- 
ally able to provide safe and proper equipment and to maintain his equipment in a 
safe manner and do whatever else is necessary to render satisfactory service. It was 
further in evidence that there was no transportation between either of said points at 
the present time, except that taxi service was available from Scotland Neck for a part 
of the distance at high cost. 

No opposition was interposed to the granting of the franchise. 

Upon consideration of the testimony and argument of counsel, the Commission is 
of the opinion and finds as a fact that public convenience and necessity has been 
shown and that said franchise should be granted. 

Wherefore It Is Ordered, that a franchise certificate be issued to Leslie T. Car- 
row to operate a passenger bus line from Smith's Store to Scotland Neck and from 
Norfleet to Scotland Neck over the most direct routes, upon his filing with the Com- 
mission proper insurance, schedules and tariffs acceptable to the Commission; the 
highways over which the operation is to be made to be designated as definitely as 
possible in the franchise certificate. 

This the 8th day of December, 1944. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3173. 

BEFORE THE N. C. UTILITIES COMMISSION IN THE MATTER OF AP- 
PLICATION OF LESLIE T. CARROW, WILLIAMSTON, NORTH CARO- 
LINA, FOR A FRANCHISE CERTIFICATE TO TRANSPORT PASSNGERS 
FROM SMITH'S STORE TO SCOTLAND NECK, A DISTANCE OF NINE 
MILES, AND NORFLEET TO SCOTLAND NECK, A DISTANCE OF 
EIGHT MILES. 

Order 

The apphcation for motor vehicle franchise rights described in the caption came 
on for hearing on the 30th day of November, 1944, and thereafter on the 8th day of 
December, 1944, the Commission issued an order in the matter authorizing the pro- 
posed service upon comphance with the law and the rules and regulations of the Com- 
mission with respect to the registration of equipment and filing of insurance covering 
the same. To this date, the appKcant has failed to comply with the law in the respects 
above mentioned after written notice from the Commission to do so. 

It Is, Therefore, Ordered that the Commission's order in this matter, dated 
the 8th day of December, 1944, be vacated and set aside and the application herein 
dismissed. 

This the 5th day of February, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk, 

Docket No. 3173. 



248 N. C. Utilities Commission 

DOCKET NO. 3467— APPLICATION OF CENTRAL BUS COMPANY, LIN- 
COLNTON, N. C, FOR RIGHTS FROM LINCOLNTON TO TOLUCA OVER 
N. C. 27; THENCE TO KINGS MOUNTAIN VIA CHERRYVILLE. 

DOCKET NO. 3476— APPLICATION OF CITY BUS LINES, INC., HICKORY, 
N. C, FOR AUTHORITY TO TRANSPORT PASSENGERS OVER N. C. 
HIGHWAY NO. 27, FROM THE INTERSECTION OF N. C. HIGHWAYS 
18 AND 27, TO THE INTERSECTION OF N. C. HIGHWAYS 27 AND 274— A 
DISTANCE OF 3 MILES; THENCE OVER N. C. HIGHWAY 274 FROM 
ITS JUNCTION WITH N. C. HIGHWAY 27 TO CHERRYVILLE— A DIS- 
TANCE OF 10 MILES; THENCE OVER N. C. HIGHWAY 274 FROM CHER- 
RYVILLE TO MAUNEY'S STORE, AT THE INTERSECTION OF AN UN- 
NUMBERED COUNTY ROAD WITH N. C. HIGHWAY 274— A DISTANCE 
OF 3 MILES; THENCE OVER SAID UNNUMBERED COUNTY ROAD 
WHICH RUNS ALONG THE BORDER BETWEEN GASTON AND CLEVE- 
LAND COUNTIES TO KINGS MOUNTAIN— A DISTANCE OF 9 MILES; 
THENCE FROM KINGS MOUNTAIN OVER THE "COUNTY LINE ROAD" 
TO A POINT WHERE SAID ROAD INTERSECTS WITH N. C. HIGHWAY 
NO. 274 AT MAUNEY'S STORE— A DISTANCE OF 9 MILES; THENCE 
FROM MAUNEY'S STORE OVER N. C. HIGHWAY 274 TO CHERRYVILLE 
A DISTANCE OF 3 MILES; THENCE OVER N. C. HIGHWAY 274 FROM 
CHERRYVILLE TO THE JUNCTION OF N. C. HIGHWAYS 274 AND 27— 
A DISTANCE OF 10 MILES; THENCE OVER N. C. HIGHWAY 27 FROM 
ITS JUNCTION WITH N. C. HIGHWAY 274 TO THE JUNCTION OF N. C. 
HIGHWAY^ NOS. 27 AND 18— A DISTANCE OF 3 MILES. 

Before Commissioner Johnson. 

Appearances: For Central Bus Company: Jonas & Jonas, Lincolnton, N. C. 

For City Bus Lines, Inc.: John W. Aiken and J. L. Murphy 
Hickory, N. C. 

For Protestants: None. 

The above applications involve operating rights over a portion of the same routes. 
The parties have agreed that the application in Docket No. 3467, which is the ap- 
plication of Central Bus Company, be heard in its entirety, and only that portion of 
the apphcation in Docket No. 3476, which is the appHcation of City Bus Lines, Inc., 
be heard involving the rights from Toluca South to Kings Mountain. 

The application in Docket No. 3467 was supported by a large number of witnesses 
from all points along the proposed route whose testimony was to the effect that there 
were no public transportation facilities between Lincolnton over Highway N. C. 27 
and Toluca; that there was no public transportation between Toluca over Highways 
27 and 274 to Cherryville. However, the evidence disclosures that there was one 
round trip a day by Queen City Coach Company between Cherryville and Lincolnton 
over Highway 150, which witnesses contended is inadequate to serve local needs be- 
tween said points, and that there is a demand between Cherryville and Toluca for 
transportation into Lincolnton. 

It also appears from the testimony that Lincolnton is the trading center for the 
people who live along Highway 27 between Lincolnton and Toluca and along High- 
way 274 between Toluca and Cherryville. There is not so much demand for local 
service between Cherryville and Kings Mountain. The evidence discolsures that 
people living along this portion of the routes applied for are more interested in service 
to Hickory and northern points. 



Decisions and Adjustments of Complaints 249 

The service offered by City Bus Lines, Inc., would be of no value to the people 
living along the route between Lincolnton and Toluca and to those people living be- 
tween Toluca and Cherryville who wish service into Lincolnton, 

The services offered by Central Bus Company from Kings Mountain to Cherry- 
ville to Toluca with a change at Toluca would render those people desiring service 
into Hickory and beyond such service and would also render the local service re- 
quested by the witnesses. 

The testimony offered supports a finding of public convenience and necessity over 
the routes applied for by the Central Bus Company. 

It Is, Therefore, Ordered: 

1. That the application of Central Bus Company in Docket No. 3467 for motor 
vehicle franchise rights to transport passengers from Lincolnton, N. C, over State 
Highway 27 to the junction of Highway 27 and Highway 18, .2 of a mile North of the 
village of Toluca; thence over State Highway 27 to the junction of Highway 27 and 
Highway 274; thence over State Highway 274 from its junction with State Highway 
27 to Cherryville; thence over State Highway 274 from Cherryville to Mauney's 
Store where an unnumbered county road called the "county line road" intersects 
with State Highway 274; thence over said "county line road "to Kings Mountain 
and return, be, and the same is hereby, granted. 

2. That the application of City Bus Lines, Inc., for motor vehicle franchise rights 
to transport passengers over Highway 27 from the intersection of Highways 18 and 
27 to the intersection of N. C. Highways 27 and 274; thence over Highway 274 from 
its junction with Highway 27 to Cherryville; thence over Highway 274 from Cherry- 
ville to Mauney's Store at the intersection of an unnumbered county road with 
Highway 274; thence over said unnumbered county road to Kings Mountain be, and 
the same is hereby, denied. 

3. That certificate be issued to the Applicant, Central Bus Company, Lincolnton, 
N. C, when it has complied with all of the rules and regulations of this Commission. 

This 27th day of March, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Dockets No. 3467 and 3476. 

APPLICATION OF CENTRAL BUS COMPANY, INC. FOR RIGHTS TO 
TRANSPORT PASSENGERS BETWEEN LINCOLNTON AND KINGS 
MOUNTAIN VIA TOLUCA AND CHERRYVILLE. 

Order Dismissing Application 

The application of Central Bus Company, Inc., in Docket 3467, was heard before 
Commissioner Johnson at Lincolnton on February 13, 1946, and an order issued 
imder date of March 27, 1946, granting the said applicant the rights covered by the 
application, and a franchise certificate was issued accordingly. Operations were not 
commenced under the certificate within the time required by law, and under date of 
July 19, 1946, the apphcant filed a new application. Docket 3687, covering the same 
route described in Docket 3467. 

Upon the call of said application for hearing in Charlotte on September 27, 1946, 
it appeared that changed conditions made it advisable for the applicant to request 
that the application be withdrawn, which request was granted. 



250 N. C. Utilities Commission 

It Is, Therefore, Ordered that franchise certificate No. 592, issued to Central 
Bus Company, Inc. under date of April 26, 1946, as authorized by the Commis- 
sion's order dated February 13, 1946, in Docket 3467, be, and the same is, hereby 
cancelled, and that the application of said applicant in Docket 3687 be, and the same 
is, hereby dismissed. 

Issued by Order of the N. C. Utilities Commission. 
This the 4th day of December, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Dockets Nos. 3467 and 3687. 

APPLICATION OF J. M. CHAFIN, d/b/a CHAFIN TRANSFER COMPANY, 
FOR OPERATING RIGHTS TO TRANSPORT FURNITURE FROM HIGH 
POINT OVER IRREGULAR ROUTES. 

Order Dismissing Application 
Counsel for applicant, by letter dated May 16, 1946, requested permission to with- 
draw the application in this matter, which is allowed and the application ordered 
dismissed. 

Issued by order of the North Carolina Utihties Commission this 25th day of June» 
1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3277. 

STATE OF NORTH CAROLINA ON THE RELATION OF THE NORTH 

CAROLINA UTILITIES COMMISSION vs. HARRY CHURCH, d/b/a 

CHURCH MOTOR LINES. 

Order 
TO: Mr. Harry Church, d/b/a Church Motor Lines, Charlotte, N. C. 

Upon complaint from intrastate motor carriers of property operating under fran- 
chise certificates to the effect that you are regularly engaged as a common carrier by 
motor vehicle in the transportation of general commodities over various highways 
and between various cities and towns in North Carolina without having obtained a 
franchise certificate therefor, as required by law; and upon investigation by the Util- 
ities Commission of the character and extent of your operations as a motor vehicle 
carrier of property: 

You Are Hereby Directed to appear before the North Carolina Utilities Com- 
ities Commission at its hearing room in the City of Raleigh at 10 o'clock A.M. on 
Monday, May 6, 1946, and show cause, if any, why the Commission should not issue 
an order, as directed by General Statutes of North Carolina, Section 62-110, requiring 
that you discontinue all unlawful operations and practices; and 

You Will Take Notice that upon failure to appear and show cause, as herein di- 



Decisions and Adjustments of Complaints 251 

reeled, the Commission will take such action in the premises as in its judgment the 
law and the facts warrant. 

Issued by Order of the North Carolina Utilities Commission. 
This the 19th day of April, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3595. 

APPLICATION OF JOHN L. LOY, HENDERSONVILLE, NORTH CAROLINA, 
d/b/a CITY BUS COMPANY. 

Order 

It appearing that the above named appUcant filed an application with the Com- 
mission on March 28, 1942, for authority to transport passengers in the vicinity cf 
Hendersonville in an area between U. S. Highway No. 64 on the north and U. S. 
Highway No. 176 on the south, which said application was duly advertised and heard 
on April 30, 1942; and it further appearing that a franchise certificate was issued to 
said applicant by the Chief Clerk of this Commission on May 1, 1942, without an 
order in the cause, and that the applicant has since been operating under said certifi- 
cate. 

To the end that the applicant's operating rights may be approved and confirmed 
as a matter of record, 

It Is Therefore Ordered: That the aforesaid application be and the same is 
hereby granted as of the first day of May, 1942, and that said certificate be renewed 
for a period of three years from the first day of May, 1945, including the rights herein 
approved and confirmed as follows : 

From Hendersonville over U. S. Highway No. 64 to the intersection of an unnum- 
bered county road known as the Dana Road; thence east over said Dana Road to 
Dana Church; thence over another unnumbered county road south and then west 
to a point on U. S. Highway No. 176 between East Flat Rock and Hendersonville; 
thence over said U. S. Highway No. 176 to Hendersonville; and return over the same 
route. 

This the 24th day of May, 1945. 

Stanley Winborne, Chairman 
Fred C, Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 2590. 

DOCKET NO. 3657: APPLICATION OF JOHN LOY d/b/a CITY BUS COM- 
PANY TO TRANSPORT PASSENGERS AS A SIGHT-SEEING SERVICE 
ONLY; RESTRICTED TO PICKUPS AND LET-OFFS AT POINT OF 
ORIGIN ONLY, OVER THE FOLLOWING ROUTE: ON U. S. HIGHWAY 
NO. 64 FROM HENDERSONVILLE, N. C, TO LAKE LURE, N. C, VIA 



252 N. C. Utilities Commission 

BAT CAVE, N. C. AND CHIMNEY ROCK, N. C, 20 MILES; THENCE ON 
N. C. 9 TO TRYON N. C, 20 MILES; THENCE ON U. S. 176 TO HENDER- 
SONVILLE, N. C. 

DOCKET NO. 3628: APPLICATION OF JOHN LOY d/b/a CITY BUS COM- 
PANY TO TRANSPORT PASSENGERS BETWEEN HENDERSONVILLE, 
N. C, AND THE UNINCORPORATED COMMUNITY OF FRUITLAND, 
N. C, EXTENSION OF LOCAL CITY SERVICE, 1.3 MILES OVER U. S. 
164 TO UNO, N. C, POST OFFICE: THENCE ON UNNUMBERED STATE 
ROAD TO FRUITLAND, N. C, 3.4 MILES AND RETURN OVER THE 
SAME ROUTE. 

Order 

Before Commissioner Johnson. 

Appearances: For the Applicant: 

O. B. CroweU, Hendersonville, N. C. 

For Protestant: 

Shearon Harris, Charlotte, N. C. for Queen City Coach Co. 

Johnson, Commissioner: 

Without objections these two dockets were consolidated and heard at the same 
time. 

The Queen City Coach Company appeared as protestant in Docket No. 3657 
but withdrew its protest upon the applicant's agreement that all passengers served 
by him would originate or be destined to Hendersonville, N. C. 

In Docket No. 3628 the appUcant seeks authority to operate from Hendersonville 
over U. S. 64 to Uno; thence over an unnumbered highway to Fruitland and return. 
Upon motion of O. B. CroweU, Attorney for the Applicant, the application was 
amended to operate with closed doors from a point one mile East of the City Limits 
of Hendersonville on Highway 64 to Uno. 

Convenience and necessity having been shown; 

It Is, Therefore Ordered: 

1. That the application of John Loy d/b/a City Bus Company, in Docket 3628, 
for authority to operate from one mile East of the City Limits of Hendersonville on 
U. S. 64 to the Post Office at Uno with closed doors, and from there over an unnum- 
bered highway to Fruitland, be, and the same is hereby, granted; that certificate be 
issued to the appHcant after he has complied with the rules and regulations of this 
Commission with respect to filing insurance, tariffs, schedules, etc., to operate over 
the following routes; 

"From a point one mile East of the City Limits of Hendersonville, N. C, on High- 
way U. S. 64 to Uno Post Office, a point on Highway U. S. 64, with closed doors; 
thence over an unnumbered highway to the unincorporated town of Fruitland and 
return." 

2. That the application of John Loy, d/b/a City Bus Company, in Docket 3657, for 
authority to operate a sight-seeing service only on U. S. 64 from Hendersonville to 
Lake Lure via Bat Cave and Chimney Rock; thence on N. C. 9 to Tryon, N. C; 
thence on U. S. 176 to Hendersonville, point of origin, be, and the same is hereby, 
granted, with the restrictions that the appUcant can only pick up or let off passengers 
at the point of origin, to wit: Hendersonville, N. C; that certificate be issued when 



Decisions and Adjustments of Complaints 253 

the applicant has complied with the rules and regulations of this Commission with 
respect to filing insurance, tariffs, schedules, etc. 
This 16th day of October, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Dockets Nos. 3657 and 3628. 

IN THE MATTER OF: OPERATIONS OF CITY BUS LINES, INC. BETWEEN 
BAN-OAK SCHOOL AND SHELBY. 

Order Amending Certificate 
Hunter, Commissioner: 

Under date of March 11, 1944, the Commission issued an order in the above matter 
granting City Bus Lines, Inc. certain operating rights including rights from Ban-Oak 
School to Shelby, subject to the approval of the Office of Defense Transportation. 
The Office of Defense Transportation declined to approve operations over said route 
and service over the same was accordingly postponed with the written consent of 
the Commission, as will appear by reference to Order in this cause, dated May 12, 
1944. Now it appears that the Ofiice of Defense Transportation, by Wire under 
date of August 23, 1945, has approved the proposed operation by City Bus Lines, 
Inc. between Ban-Oak School and Shelby, and said carrier has advised the Commis- 
sion of its desire and facilities to begin the proposed service. 

It Is Therefore Ordered, that Route No. 4, as set out in the franchise certificate 
of said City Bus Line, Inc. be amended to include operating rights from Ban-Oak 
School over N. C. Highway No. 10 to its intersection N. C. Highway No. 18; thence 
over said Highway No. 18 via Fallstown to Shelby and return, and that operations 
begin upon publication of schedules and rates as required by the rules of the Com- 
mission. 



This the 27th day of August, 1945. 



Attest: 

Charles Z. Flack, Chief Clerk. 
Docket No. 2942. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



OPERATING AGREEMENT BETWEEN QUEEN CITY COACH COMPANY 
OF CHARLOTTE AND CITY BUS LINE'S OF HICKORY. 

Order 
It appearing that Queen City Coach Company and City Bus Lines entered into 
an agreement dated August 17, 1943, with respect to certain operations by City Bus 
Lines over certain franchise routes of Queen City Coach Company, a copy of which 
said agreement was filed with and approved by the Commission, as will appear by 
reference thereto, and it further appearing that said parties under date of February 1, 



254 N. C. Utilities Commission 

1946, filed a new agreement with the Commission, which is in effect an extension of 
the prior agreement above referred to with certain minor changes, said new agreement 
being for a term of one year and from year to year thereafter unless sooner cancelled 
by either party upon 60 days' written notice to the other party, and the Commission 
being of the opinion that said agreement should be approved subject to the continuing 
right of the Commission to take such action as the interest of the pubHc ma}^ require, 
It Is So Ordered. 

This 1st day of March, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 2942. 

APPLICATION OF CITY BUS LINES, INC., TO TRANSPORT PASSENGERS, 
THEIR BAGGAGE, MAIL AND LIGHT EXPRESS, IN THE SAME VEHI- 
CLE WITH PASSENGERS, AS FOLLOWS: 1. OVER STATE HIGHWAY 
NO. 27 FROM THE INTERSECTION OF STATE HIGHWAY NO. 18 AND 
STATE HIGHWAY NO. 27, TO THE INTERSECTION OF STATE HIGH- 
WAYS NOS. 27 AND 274, A DISTANCE OF 3 MILES; THENCE OVER 
STATE HIGHWAY NO. 274 FROM ITS JUNCTION WITH STATE HIGH- 
WAY NO. 27 TO CHERRYVILLE, N. C, A DISTANCE OF 10 MILES; 
TENCE OVER STATE HIGHWAY NO. 274 FROM CHERRYVILLE TO 
MAUNEY'S STORE, AT THE INTERSECTION OF AN UNNUMBERED 
COUNTY ROAD WITH STATE HIGHWAY 274, A DISTANCE OF 3 
MILES; THENCE OVER SAID UNNUMBERED COUNTY ROAD 
WHICH RUNS ALONG THE BORDER BETWEEN GASTON AND 
CLEVELAND COUNTIES TO KINGS MOUNTAIN, A DISTANCE OF 9 
MILES; THENCE FROM KINGS MOUNTAIN OVER THE "COUNTY 
LINE ROAD" TO A POINT WHERE SAID ROAD INTERSECTS WITH 
STATE HIGHWAY NO. 274 AT MAUNEY'S STORE, A DISTANCE OF 9 
MILES; THENCE FROM MAUNEY'S STORE OVER STATE HIGHWAY 
NO. 274 TO CHERRYVILLE, A DISTANCE OF 3 MILES; THENCE OVER 
STATE HIGHWAY NO. 274 FROM CHERRYVILLE TO THE JUNCTION 
OF STATE HIGHWAY NO. 274 AND STATE HIGHWAY NO. 27, A DIS- 
TANCE OF 10 MILES; THENCE OVER STATE HIGHWAY NO. 27 FROM 
ITS JUNCTION WITH STATE HIGHWAY NO. 274 TO THE JUNCTION OF 
STATE HIGHWAY NO. 27 AND STATE HIGHWAY NO. 18, A DISTANCE 
OF 3 MILES. 2. FROM THE INTERSECTION OF U. W. HIGHWAY NO. 
70 AT A POINT 2 MILES WEST OF THE CORPORATE LIMITS OF THE 
CITY OF HICKORY, THE INTERSECTION OF SAID HIGHWAY NO. 70 
WITH AN UNNUMBERED, UNIMPROVED COUNTY ROAD, OVER SAID 
UNNUMBERED COUNTY ROAD TO RHODHISS, A DISTANCE OF AP- 
PROXIMATELY 6 MILES; THENCE FROM RHODHISS OVER AN UN- 



I 



Decisions and Adjustments of Complaints 255 

NUMBERED, IMPROVED HIGHWAY TO GRANITE FALLS, A DISTANCE 
OF APPROXIMATELY 2 MILES, AND RETURNING OVER THE SAME 
ROUTE TO BEGINNING POINT. 

Order 
Before Commissioner Johnson. 

Appearances: For the Applicant: 

John W. Aiken and J. L. Murphy, Hickory, N. C. 
For the Protestants: 
L. B. Hollowell, Gastonia, N. C, for Queen City Coach Com- 
pany 
L. H. Wall, Lenoir, N. C, and 

L. M. Abernethy, Granite Falls, N. C, for Lenoir Motor 
Coach Company and W. W. Smith. 

Johnson, Commissioner: 

This cause coming on to be heard at the Municipal Building in Hickory, N. C, 
on the 27th day of June, 1946, before Commissioner Johnson. 

The records disclose that Central Bus Company of Lincolnton, N. C, has a fran- 
chise from the intersection of Highways 27 and 274 near Toluca, over Highway 274 to 
Kings Mountain via Cherryville. The AppHcant offered no testimony over this part 
of the application. 

The testimony offered by the Applicant over the route from Hickory to Rhodhiss 
was ample for this Commission to find that convenience and necessity has been shown. 
The Commission finds that there is ample public transportation service between 
Rhodhiss and Granite Falls. 

It Is, Therefore, Ordered, That the appHcation of City Bus Lines, Inc., be, 
and the same is, hereby granted from Hickory to Rhodhiss over the following routes : 

From the intersection of an unnumbered county road with U. S. Highway No. 70 
at a point two miles west of the corporate limits of the City of Hickory; thence over 
the unnumbered county road to Rhodhiss and return over the same route to the 
beginning point. 

AU other parts of the apphcation are hereby denied. 

That certificate be issued when the applicant has complied with all rules, regula- 
tions and requirements of this Commission. 

This 8th day of July, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3476. 



256 N. C. Utilities Commission 

APPLICATION OF CITY BUS LINES, INC., FOR FRANCHISE CERTIFI- 
CATE TO TRANSPORT PASSENGERS, BAGGAGE, NEWSPAPERS, MAIL 
AND EXPRESS OVER THE FOLLOWING ROUTES; 1. BEGINNING AT 
A POINT AT WRAY'S SERVICE STATION ON HIGHWAY NO. 10, AP- 
PROXIMATELY 16 MILES FROM HICKORY ON WHICH THE APPLI- 
CANT NOW HOLDS A FRANCHISE, AND TURNING LEFT AND RUN- 
NING OVER AN UNIMPROVED HIGHWAY, A DISTANCE OF 1.8 MILES 
TO HENRY; THENCE OVER SAID UNIMPROVED ROAD A DISTANCE 
OF 1.6 MILES TO CAT SQUARE; THENCE LEFT AT A CROSS ROADS 
OVER SAID UNIMPROVED HIGHWAY BY VALE POST OFFICE TO 
UNION SCHOOL IN LINCOLN COUNTY, A DISTANCE OF APPROXI- 
MATELY THREE MILES; THENCE *0\^R AN UNNUMBERED IM- 
PROVED HIGHWAY FROM UNION SCHOOL BY REEPSVILLE, N. C, 
TO LINCOLNTON, N. C, A DISTANCE OF 7.4 MILES AND RETURN 
OVER SAME ROUTE. 2. BEGINNING AT A POINT IN THE TOWN OF 
HILDEBRAN, N. C, WHERE THE HENRY RIVER HIGHWAY INTER- 
SECTS WITH OLD NO. 10, AN UNIMPROVED ROAD AND UP SAID OLD 
HIGHWAY NO. 10 FROM HILDEBRAN TO ICARD, N. C, AND RETURN, 
A DISTANCE OF APPROXIMATELY 33^ MILES. 3. FROM THE BETH- 
LEHEM SCHOOL IN ALEXANDER COUNTY, N. C, ON HIGHWAY NO. 
127 TO WHICH POINT APPLICANT NOW HOLDS A FRANCHISE AND 
FROM THAT POINT TO THE INTERSECTION OF HIGHWAY NO. 127 
AND HIGHWAY NO. 90, A DISTANCE OF APPROXIMATELY 5 MILES; 
THENCE OVER NO. 90, A DISTANCE OF APPROXIMATELY 5 MILES 
TO THE TOWN OF TAYLORSVILLE, N. C, AND RETURN OVER SAME 
ROUTE. 4. BEGINNING AT THE INTERSECTION OF HIGHWAY NO. 
16 AND THE LOOKOUT DAM ROAD, AN UNIMPROVED, UNNUMBERED 
HIGHWAY AND RUNNING ON SAID LOOKOUT DAM ROAD BY THE 
OXFORD SCHOOL IN CATAWBA COUNTY TO THE INTERSECTION 
OF LOOKOUT DAM ROAD AND A DIRT ROAD LEADING TO CATAWBA, 
N. C, AND RETURN, A DISTANCE OF APPROXIMATELY dli MILES. 

Before Commissioner Johnson. 

Appearances: For the Applicant: 

John W. Aiken and J. L. Murphy, Hickory, N. C. 

For the Protestants: 

Wm. C. Lassiter, Raleigh, N. C, for Atlantic Greyhound Corp. 

Johnson, Commisaioner: 

This cause coming on to be heard before Commissioner Johnson in the Municipal 
Building at Hickory, N. C, on the 27 day of June, 1946. 

The Atlantic Greyhound Corporation appeared protesting that part of the appli- 
cation for the route leading from Taylorsville over Highway 90 to the intersection 
of Highway 127, a distance of approximately six miles. No other portion of the ap- 
plication was protested. The evidence disclosed that the Atlantic Greyhound Cor- 
poration only operates two schedules a day between Taylorsville over Highway No. 
90 to the intersection of Highway 127. The Commission feels that that service is 
not ample to meet the needs of the people living in this community. 

Convenience and necessity having been found; 

It Is, Therefore, Ordered, That the apphcaticn of City Bus Lines, Inc., to 



Decisions and Adjustments of Complaints 257 

operate as motor vehicle carrier of passengers, baggage, newspapers, mail and ex- 
press, over the following routes be, and the same is, hereby granted: 

1. Beginning at a point at Wray's Service Station on Highway No. 10, approxi- 
mately 16 miles from Hickory on which the applicant now holds a franchise, and 
turning left and running over an unimproved highway a distance of 1.8 miles to 
Henry; thence over said unimproved road a distance of 1,6 miles to Cat Square; 
thence left at a cross roads over said unimproved highway by Vale Post Office to 
Union School in Lincoln County, a distance of approximately 3 miles; thence over 
an unnumbered improved highway from Union School by Reepsville, N. C, to 
Lincolnton, N. C, a distance of 7.4 miles and return over same route. 

2. Beginning at a point in the Town of Hildebran, N. C, where the Henry River 
Highway intersects with old No. 10, an unimproved road and up said old highway 
No. 10 from Hildebran to Icard, N. C, and return, a distance of approximately S}4 
miles. 

3. From the Bethlehem School in Alexander County, N. C, on Highway No. 127 
to which point applicant now holds a franchise and from that point to the intersection 
of Highway No. 127 and Highway No. 90, a distance of approximately 5 miles; thence 
over No. 90, a distance of approximately 5 miles to the Town of Taylorsville, N. C, 
and return over same route. 

4. Beginning at the intersection of Highway No. 16 and the Lookout Dam Road, 
an unimproved, unnumbered highway and running on said Lookout Dam Road by 
the Oxford School in Catawba County to the intersection of Lookout Dam Road and 
a dirt road leading to Catawba, N. C, and return, a distance of approximately S}4 
miles. 

That certificate be issued when the apphcant has complied with the rules, regu- 
lations and requirements of this Commission. 
This 9th day of July, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3621. 

APPLICATION OF CITY BUS LINES, INC., FOR AUTHORITY TO TRANS- 
PORT PASSENGERS FROM LINCOLNTON OVER N. C. 27 TO ITS INTER- 
SECTION WITH N. C. 18 NEAR TOLUCA, AND FROM THE INTERSEC- 
TION OF N. C. 27 AND N. C. 274, EAST OF TOLUCA, OVER N. C. 274 VIA 
CHERRYVILLE TO ITS INTERSECTION WITH AN UNNUMBERED 
ROAD TWO MILES SOUTHEAST OF CHERRYVILLE; THENCE OVER 
SAID UNNUMBERED ROAD TO KINGS MOUNTAIN. 

Order 
Appearances: 

For the Applicant: 

John W. Aiken and J. L. Murphy, Attorneys, Hickory, North Carolina. 

Hunter, Commissioner: The apphcation herein, and an application of Central 
Bus Company in Docket 3687, came on for hearing in Charlotte on September 27, 
1946, both of said applications being for operating rights over the highways and be- 

17 



258 N. C. Utilities Commission 

tween the points set out in the caption. At the call of said applications for hearing, 
counsel for Central Bus Company, Inc., requested permission to withdraw the ap- 
phcation of Central Bus Company, Inc., in Docket 3687, assigning reasons therefor 
which appeared well justified. Said applicant was accordingly authorized to with- 
draw said application, and the hearing proceeded on the application of City Bus Lines, 
Inc., in Docket 3688. 

There being no protest or opposition to the application of City Bus Lines, Inc., the 
applicant was permitted to offer the record in Dockets 3467 and 3476 which were 
heard on the 13th day of February, 1946, and which involved the same routes des- 
cribed in the caption in the instant application. Upon consideration of the record in 
said dockets, and upon consideration of the fact that Central Bus Company, Inc., 
has withdrawn its application, the Commission finds public convenience and necessity 
for the service herein proposed by City Bus Lines, Inc., and further finds that said 
applicant has the necessary equipment and is otherwise qualified to perform the 
service proposed. 

It Is, Thj:refore, Ordered that the application of City Bus Lines, Inc., for au- 
thority to amend its certificate authorizing the transportation of passengers, baggage, 
mail, light express, and newspapers in the same vehicle with passengers over the 
routes and between the points specifically described in the caption be, and the same 
is hereby, granted upon the filing of schedules and tariffs as required by the rules of 
the Commission. 

Issued by order of the Commission. 

This 30th day of September, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3688. 

CITY COACH COMPANY, INC., PETITIONER, vs. GASTONIA TRANSIT 

COMPANY, RESPONDENT. 

Order 

Hunter, Commissioner: The question here presented is: Does a municipaUty 
have authority under the law to grant a franchise to a motor vehicle carrier authoriz- 
ing the transportation of passengers to and from points within one mile outside of the 
corporate Umits? The facts upon which this question arises may be summarized as 
follows: 

1. That the City Coach Company, petitioner, holds a motor carrier franchise 
certificate issued by the Commission authorizing the transportation of passengers 
over the various streets and highways in Gastonia and vicinity, including N. C. High- 
way No. 7 from the city limits of Gastonia to the Lower Dallas Road, a distance of 
approximately one mile outside of the city limits. 

2. That the Gastonia Transit Company, respondent, holds a motor carrier fran- 
chise certificate issued by the Commission authorizing the transportation of passen- 
gers over various streets and highways in Gastonia and vicinity, not including High- 
way No. 7 from the city limits of Gastonia to the Lower Dallas Road; that respondent 
also holds a franchise granted by the City of Gastonia in April 1942, authoriziog the 
transportation of passengers over various streets within the City of Gastonia. 



Decisions and Adjustments of Complaints 259 

3. That on or about November 20, 1945, the City of Gastonia granted respondent 
certain additional franchise rights, including the right to transport passengers over 
N. C. Highway No. 7 from the city limits to the intersection of said highway with 
the Lower Dallas Road, or to a point approximately one mile outside of the city 
limits of Gastonia. 

4. That on November 21, 1945, the respondent communicated with the Utilities 
Commission by telephone, advising the Commission of the action taken by the City 
of Gastonia in granting to the respondent a franchise to transport passengers over 
N. C. Highway No. 7 to its intersection with the Lower Dallas Road, and upon 
inquiry was advised by the Commission that authority from the Utilities Commis- 
sion would not be necessary in that, authority is vested in a municipality to grant 
franchise rights over highways not exceeding one mile outside of the corporate limits; 
and the respondent began operation over said Highway No. 7 to its intersection with 
the Lower Dallas Road upon the faith of the information given by the Commission. 

5. That the City Coach Company on December 1, 1945, filed a petition with the 
Commission alleging in substance that the operations of respondent over the route 
in question outside of the city limits of Gastonia are unauthorized, illegal, and un- 
lawful, in that, such operating rights can only be obtained from the Commission in 
the manner set out in Motor Vehicle Carrier Act, G. S. 62-103 et seq., and that the 
alleged unauthorized and unlawful operations of the respondent are in violation of 
the franchise rights of the petitioner. 

Conclusions 

From the time the Motor Vehicle Carrier Act was passed in 1927, the Commission 
has assumed that a municipality has power under the law to grant franchises to 
motor vehicle carriers performing local city service extending not more than one mile 
outside of the corporate limits, and municipalities have been so advised by the Com- 
mission. Whether such an interpretation of the law is well founded may be open to 
question, but it has been followed without question so long and with such general 
satisfaction to municipahties, carriers, and the public that the Commission does not 
believe it would be in the pubhc interest to disturb existing local transportation ser- 
ice by changing its long-standing and well-known construction of the law until the 
Courts declare the true interpretation of the law to be otherwise. 

The idea that a municipality has power to grant a franchise to a motor vehicle 
carrier to transport passengers to and from points not more than one mile outside of 
its corporate hmits finds some support in G. S. 160-203. Motor carriers are not men- 
tioned in this section of the statute, but street railway companies are; and it is a mat- 
ter of common knowledge that motor carriers are now performing the city and surbu- 
ban service formerly performed by street railway companies. The substitution of 
motor buses for street cars in performing the same service would not seem to divest 
the municipalities of power over the substituted service. 

Prior to 1937 the jurisdiction of the Commission over motor carriers was limited to 
those operating "between cities, or between towns, or between cities and towns" 
(G.S. 62-104). Intra-city and suburban motor carrier service did not come within 
the provisions of the act. The phrase "or over a regular route" was not in the act 
until 1937, Chapter 247 P.L. 1937. Since that time the Commission alone may hold 
the' power to grant franchises for the transportation of passengers over a regular 
route, whether wholly within city or not; but the Commission has not so construed 
its powers. 



260 N. C. Utilities Commission 

It Is, Therefore, Ordered that the petition of City Coach Company, Inc. be 
denied and the cause dismissed. 
By Order of the N. C. UtiUties Commission. 
This the 10th day of April, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3453. 

CITY COACH COMPANY, INC., PETITIONER, vs. GASTONIA TRANSIT 
COMPANY, RESPONDENT. 

Order Overruling Exceptions 
This cause now comes before the Commission upon exceptions filed by City Coach 
Company, petitioner, to the conclusions and order made by the Commission in the 
above entitled matter, dated April 10, 1946. Upon consideration of said exceptions 
and each of them, the same are hereby denied and dismissed. 
By order of the N. C. Utilities Commission. 
This the 24th day of April, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 
Docket No. 3453. 

APPLICATION OF CITY COACH COMPANY, GASTONIA, NORTH CARO- 
LINA, FOR RIGHTS FROM N. C. HIGHWAY 7 TO SMYRE MILL VILLAGE 

Order 

It appears from the application filed with the Commission in this cause that the 
apphcant now holds a franchise and operates over N. C. Highway No. 7 from Gas- 
tonia to McAdenville, which said highway runs through the western edge of Smyre 
Mill Village, the present application being for operating rights from said highway 
down into said mill village, a distance of some 2 or 3 blocks. This cause was set for 
hearing on January 23, 1946 and notice thereof published as required by the statute, 
to which no protest or opposition was filed with or made known to the Commission. 

Upon consideration of the facts, as above set out, the Commission is of the opinion 
that the applicant's existing operating rights over said Highway No. 7 include the 
right to operate down into Smyre Mill Village and over any convenient street or 
highway as a part of and incident to the applicant's operating rights through said 
mill village over N. C. Highway No. 7; and it is so ordered. 

By order of the N. C. Utilities Commission. 

This the 10th day of April, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 

Attest: * 

Charles Z. Flack, Chief Clerk. 

Docket No. 3454. 



Decisions and Adjustments of Complaints 261 

APPLICATION OF CITY COACH COMPANY, INC., OF GASTONIA FOR 
AUTHORITY TO OPERATE A PASSENGER SERVICE FROM PRIS- 
CILLA MILLS OVER UNNUMBERED COUNTY ROAD AND N. C. 275 
TO STANLEY. 

Order 
Upon request of the applicant, this application set for hearing in Charlotte on 
September 26 has been withdrawn, and the application is hereby dismissed without 
prejudice to the right of the appUcant to file a new appUcation at a future date. 
This 19th day of September, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner, 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3598. 



APPLICATION OF H. V. CLAYTON, PROSPECT HILL, NORTH CAROLINA, 
TO TRANSPORT LEAF TOBACCO, LOOSE, IN HOGSHEADS, IN BASKETS 
AND SHEETS, AND TOBACCO WAREHOUSE AND MANUFACTURERS' 
ACCESSORIES BETWEEN POINTS AND PLACES IN NORTH CARO- 
LINA EAST OF AND INCLUDING WINSTON-SALEM, NORTH CARO- 
LINA. 

Ordbr 

Before Commissioner Hunter. 

Appearances: 

Applicant: 
S. W. Ruark, Raleigh, N. C. 

Protestants: 

R. N. Simms, Raleigh, N. C, for Norfolk Southern Railway Co. and Norfolk 
Southern Bus Corp. 

I. M. Bailey, Raleigh, N. C, for Fredrickson Motor Express, Miller Motor 
Express, Helms Motor Express, Thurston Motor Lines and Smith's Transfer. 

Hunter, Commissioner. This cause was heard in Raleigh on October 27, 1944. 
The applicant testified in his own behalf and was supported by the testimony of 
H. O. Eggleston, Assistant Secretary of the Reidsville Tobacco Company. 

It appears from the testimony that the applicant has been engaged in the trans- 
portation of the commodities named in the application and set out in the caption for 
the past four or five years. He transported 1,039,890 pounds of tobacco in 1940, 
1,448,971 pounds in 1941, 1,824,866 pounds in 1942 andl,232,882 pounds in 1943, 
serving practically all tobacco markets and redrying plants in the State. He served 
a number of tobacco companies during the years named, but on contracts of other 
carriers and under their bills of lading. During 1944 he transported tobacco on his 
own account and also for other carriers, the tonnage being about the same as above 
shown for prior years. The applicant testified that he is receiving constant demands 
for the proposed service. He owns and operates six trucks, four of which consist of 
tractors and semi-trailers 26 to 32 feet in length. His financial statement shows a net 
worth of approximately $30,000.00. 

Mr. Eggleston testified that his company, the Reidsville Tobacco Company, has 
used the applicant's transportation service, found it to be entirely satisfactory, and 



262 N. C. Utilities Commission 

that the same is greatly needed. He testified that other carriers are unable to meet 
the demand for the transportation of tobacco. 

Upon consideration of all the testimony, public convenience and necessity for the 
proposed service appears, and it further appears that the applicant is quaUfied to 
render the same. 

It Is, Therefore, Ordered : 

1. That the apphcation of H. V. Clayton of Prospect Hill, North Carolina, for 
motor vehicle franchise rights to transport leaf tobacco, loose, in hogsheads, baskets, 
sheets and other containers, empty containers and other tobacco warehouse and to- 
bacco manufacturers' accessories necessary in the movement of unmanufactured 
tobacco, to, from and between all tobacco markets, warehouses, redrying plants and 
storage points in North Carolina east of and including Winston-Salem, be and the 
same is hereby granted, and that a franchise certificate be issued accordingly upon 
compliance with the rules and regulations of the Commission. 

2. That upon receipt of said franchise certificate by the applicant all rights and 
privileges under the temporary operating authority theretofore granted applicant by 
the Commission shall cease and determine. 

This the 13th day of December, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R, G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3062. 

APPLICATION OF H. V. CLAYTON, PROSPECT HILL, N. C, FOR AU- 
THORITY TO TRANSPORT FERTILIZER, COTTON, TERRA COTTA 
CLAY AND SHALE PRODUCTS, HAY, LUMBER AND AGRICULTURAL 
PRODUCTS OVER IRREGULAR ROUTES. 

Order 

Before Commissioners Johnson and Hunter: 

Appearances: For the Applicant: 

Sam W. Ruark, Raleigh, N. C. 

For the Protestants: 

R. N. Simms, Raleigh, N. C, representing Norfolk Southern 
Railway Company and Norfolk Southern Bus Corporation. 

Hunter, Commissioner: 

This application was called for hearing on November 22, 1944, and, after the testi- 
mony of one witness, was continued, and the hearing resumed on January 12, 1945» 
with the understanding that the apphcant be allowed to file certain data with the 
Commission as to the volume and movement of fertilizer, terra cotta clay and shale 
products moved by him, which data was filed with the Commission on January 20, 
1945. During the hearing the applicant amended his application by striking out 
cotton and hay, leaving for consideration proof of public convenience and necessity 
for the transportation of the other commodities named in the caption. 

The Norfolk Southern Railway Company and Norfolk Southern Bus Corporation^ 
protestants, filed a written protest to the apphcation, and also appeared at the hear_ 



Decisions and AdjusTxMents of Complaints 263 

ing and demurred ore tenus to the application, "... on the ground that there are no 
definite termini designated in his application and that he does not state the facts 
sufficient to constitute a petition upon which you could proceed in this cause and that 
the Commission would not have the power to grant an application in the broad and 
unlimited terms stated b}'- the applicant for the privilege to transport anything and 
everything anywhere and everywhere in North Carolina over irregular routes and 
for an indefinite length of time." 

An irregular route operation restricted to certain named commodities is permissible 
under G.S. 62-103 (t) and G.S. 62-105 (j), and such operation need not be over regular 
routes or between fixed termini. The Commission is, therefore, cf the opinion that 
the demurrer cannot be sustained; however, applications for rights over irregular 
routes should describe the area of the proposed operation. In this case it did not 
appear until the application was called for hearing that "over irregular routes" was 
to be construed as over irregular routes throughout the state. The cope of the oper- 
ation as to territory should definitely appear in the a}}plication, so that the Commis- 
sion and other carriers may know what is involved in advance of the hearing. 

The applicant testified in his own behalf and was supported by only one witness, 
Mr. J. F. White, Assistant Manger of the American Agricultural and Chemical 
Company, This witness testified that his company had some 52 plants in the United 
States, three of which are located in North Carolina at Greensboro, Henderson and 
Wilmington, and that during the Spring season of 1944 the applicant hauled approxi- 
mately 1,500 tons of fertilizer from its North Carolina plants. He also testified that 
the need for this service is state wide and that his company is experiencing great 
difficulty in getting fertilizer hauled to farmers and distributing agents in the state. 
The applicant testified to the effect that he also hauled fertilizer for the Roxboro 
Chemical Company of Roxboro and for Armour Fertilizer Company of Greensboro 
and that he hauled for all companies named 3,026 tons of fertilizer in 1944 and to 
practically every point in North Carolina east of Charlotte, Hickory, North Wilkes- 
boro and Sparta. 

The applicant testified that he hauled terra cotta and shale products for the Po- 
mona Terra Cotta Company of Greensboro to Washington, New Bern, Williamston, 
Oxford, Raleigh, Jacksonville, Rocky Mount, Roxboro, Trenton, Edenton, Wilming- 
ton, Southport, Monroe, Charlotte and Hickory, the total to said points hauled by 
him during the year 1944 being 618,400 pounds. The record does not disclose any 
transportation service by the apphcant in the transportation of these products ex- 
cept for the above named shipper. 

It further appears from the applicant's testimony that he has hauled lumber for a 
number of years and that he has hauled this product from mills located in Caswell, 
Orange, Person, Wake, Randolph and Guilford counties to lumber companies lo- 
cated at Roxboro. The volume or frequency of this movement does not appear in 
the record. 

The apphcant further testified that he has been engaged in the transportation of 
agricultural products for farmers from their farms to markets. These movements 
appear to have been limited to Person, Durham, Caswell, Orange, Rockingham, 
Granville, Vance and Franklin counties. 

The apphcant owns and operates four tractor trailer units, each having a carrying 
capacity of about ten tons, and also owns and operates two straight trucks with a 
carrying capacity of about five tons each. His financial statement filed with the 
Commission shows a net worth of approximately $30,000.00. 

The foregoing is a summary of all the testimony offered in support of the applica- 
tion, and upon consideration thereof we find pubhc convenience and necessity for 



264 N. C. Utilities Commission 

the transportation of fertilizer, terra cotta clay and shale products over irregular 
routes east of and including Charlotte, Hickory, North Wilkesboro and Sparta. The 
testimony with respect to past operations by the applicant in hauling other com- 
modities named in the application and with respect to public demand and need for 
the proposed service in the transportation of said commodities is too fragmentary 
and indefinite to warrant the Commission in granting franchise rights for the trans- 
portation of said commodities. 

We are of the opinion that a franchise certificate authorizing the transportation 
of farm products from farms to markets is not required under the law. At the hear- 
ing the Commission directed attention to G. S. 62-104, which provides among other 
things that the article (The Motor Carrier Act) shall not apply ". . . to motor vehicles 
used exclusively in transporting farm and dairy products from the farm or dairy to 
warehouse, creamery, or other original storage or market; ..." We understand from 
the testimony that the applicant has been and proposes to continue to transport 
farm products from, farms to markets and that such an operation falls within the 
above quoted exception to the Motor Carrier Act. The word "exclusively" is con- 
strued to mean that other commodities cannot be hauled in the same truck and at the 
same time. It is not conceivable that a truck used to transport farm products from 
farms to markets may not be used at other times for other purposes. There is a 
similar provision in said section with respect to the transportation of persons to and 
from reUgious services. No one could maintain a motor vehicle to be used exclusively 
in transporting persons to and from religious services. Such an operation would be 
prohibited if the vehicle could not be used at other times for other purposes. 

It Is Therefore Ordered: 

1. That the application of H. V. Clayton, Prospect Hill, N. C, for a franchise 
certificate authorizing the transportation of fertihzer, terra cotta clay and shale prod- 
ucts over irregular routes be granted as to the section of North CaroUna east of and 
including Charlotte, Hickory, North Wilkesboro and Sparta, and that said appHcant's 
franchise certificate heretofore issued authorizing the transportation of unmanufac- 
tured tobacco be amended to include the rights herein granted. 

2. That in all other respects the appHcation herein be denied. 

This the 25th day of May, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3105. 

APPLICATION OF COLONIAL BUS LINES, INC. FOR AUTHORITY TO 
TRANSPORT PASSENGERS, THEIR BAGGAGE, EXPRESS, NEWS- 
PAPERS, AND MAIL BETWEEN OXFORD AND VIRGILINA OVER N. C. 
HIGHWAY NUMBER 96. 

Order 
Appearances: For Applicant: 

S. W. Ruark, Attorney, Raleigh, North CaroUna 
No Protestants. 

Hunter, Commissioner: This application came on for hearing in Raleigh on 
September 4, 1946, and was heard without protest or opposition. The appUcant 
now operates from Oxford south over N. C. 96 to Wilton, and from Creedmoor via 



Decisions and Adjustments of Complaints 265 

Wilton to Rocky Mount. It also operates from Virgilina over the Vii-ginia highways 
to Danville, Virginia. The route here proposed between Oxford and Virgilina will 
connect the appUcant's present operations between Rocky Mount and Danville and 
will provide a needed service over the proposed route and the Commission finds 
from the testimony that the application should be granted. 

It was brought to the attention of the CommissioD during the course of the hearing 
that the transportation business heretofore conducted by D, T. Ramsey, d/b/a 
Colonial Bus Lines, has been incorporated under the name of Colonial Bus Lines, 
Inc., with its principal ofiice at Rocky Mount, North Carolina, and that the appli- 
cant's franchise certificate should be changed accordingly. 

It Is, Therefore, Ordered: 

1. That the Colonial Bus Lines, Inc., be, and is hereby, authorized to transport 
passengers, their baggage, express, newspapers, and mail from Oxford to Virgilina 
over N. C. 96 and return. 

2. That Franchise Certificate No. 519, now in the name of D. T. Ramsey, d/b/a 
Colonial Bus Lines, be cancelled and a new certificate issued in lieu thereof to Colonial 
Bus Lines, Inc., upon the filing of proper tariff and insurance in the corporate name 
of the appHcant. 

Issued by order of the Commission. 

This 16th day of September, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3419. 

PETITION FOR APPROVAL OF TRANSFER OF FRANCHISE CERTIFI- 
CATE NO. 519 AND PROPERTY AND EQUIPMENT OF D. T. RAMSEY, 
d/b/a COLONIAL BUS LINES, TO COLONIAL BUS LINES, A CORPORA- 
TION. 

Order 
It appears from the petition filed in this cause that D. T. Ramsey, owner and 
holder of Franchise Certificate No. 519 authorizing the transportation of passengers 
over the highways and between the points set out in said certificate, had incorpo- 
rated his transportation business under the laws of the State of Virginia, the name of 
the corporation being Colonial Bus Lines. It further appears from the petition that 
said corporation has been domesticated in North Carolina and that D. T. Ramsey is 
president and Mary H. Ramsey is secretary and treasurer of said corporation, both 
of whom reside in Rocky Mount, North Carolina, where the principal office of said 
corporation in North Carohna is located. It further appears that D. T. Ramsey 
proposes to transfer to said corporation, in exchange for fifty shares of no par capital 
stock, all of the rolHng equipment and property of every kind now owned and used 
by him in connection with said transportation business, including said Franchise 
Certificate No. 519 and all rights and privileges thereunder. It further appears 
from said petition that said D. T. Ramsey is indebted to the Carolina Coach Com- 
pany, Raleigh, North Carolina, in the sum of $6,666.60, for the payment of which he 
has pledged said Franchise Certificate to Carolina Coach Company by and with the 
consent of the Commission and that said certificate is to be transferred to the new 
corporation subject to a lien in said sum in favor of Carolina Coach Company. 



266 N. C. Utilities Commission 

Upon consideration of the petition, the Commission is of the opinion that the same 
is not inconsistent with the public interest and that the proposed transfer should be 
approved. 

It Is, Therefore, Ordered that Franchise Certificate No. 519, now in the name 
of D. T. Ramsey, d/b/a Colonial Bus Lines, be surrendered to the Commission for 
cancellation and that a new certificate granting the same rights and privileges be 
issued in lieu thereof to Colonial Bus Lines, a corporation chartered under the laws 
of the State of Virginia, subject to the aforesaid hen in favor of CaroUna Coach 
Company, said new certificate to be issued upon comphance with the rules and regu- 
lations of the Commission with respect to publication of tariffs, registration of buses 
with the Commission, and the filing of proper insurance covering the same. 

This 31st day of May, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3642. 

APPLICATION OF COLUMBUS TRANSIT COMPANY FOR OPERATING 
RIGHTS BETWEEN WHITEVILLE AND NEW BRUNSWICK VIA 701 
AND 130. 

Order Dismissing Application 
The apphcant in the above matter having advised the Commission by letter that 
it desires to withdraw the apphcation herein, the same is allowed and the apphcation 
ordered dismissed. 

By order of the N. C. Utilities Commission. 
This the 11th day of April, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3463. 

APPLICATION OF COMMUNITY TRANSIT LINES, WINSTON-SALEM, 
NORTH CAROLINA, FOR FRANCHISE CERTIFICATE TO TRANSPORT 
PASSENGERS BEGINNING AT MOUNT AIRY, NORTH CAROLINA, 
AND RUNNING THENCE OVER N. C. HIGHWAY NO. 103 TO THE 
NORTH CAROLINA-VIRGINIA STATE LINE AND RETURNING OVER 
THE SAME ROUTE. 

Order 
Appearances: For the Apphcant: 

H. Gardner Hudson, Winston-Salem, North CaroUna 

For Protestants: 

Willis Smith, Raleigh, North Carolina, for Virginia Stage 
Lines, Inc. 

I. M. Bailey, Raleigh, North Carohna, for Atlantic Grey- 
hound Lines. 

Hunter, Commissioner: 

This cause came on for hearing at Winston-Salem on April 27, 1944, along with the 
application of Virginia Stage Lines, Inc., in Docket No. 3095, both applications be- 



Decisions and Adjustments of Complaints 267 

ing for operating rights over the same highway between Mt. Airy and the North 
Carohna- Virginia State Line. 

At the time of the hearing, Virginia Stage Lines, Inc., was operating over said 
route under interstate authority and has since been granted intrastate rights, as 
will appear by reference to said Docket No. 3095. The applicant herein assigned as 
one of its reasons for its present application that it had a pending application with the 
Interstate Commerce Commission for interstate rights. It has subsequently notified 
the Commission that it has withdrawn its interstate application. In this situation, 
the Commission cannot find from the testimony that said application is in the pubUc 
interest or that there is any public demand or need for the services of another in- 
trastate carrier over the same route. 

It Is, Therefore, Ordered that the application of Community Transit Lines, 
as set out in the caption, be, and the same is hereby denied. 

This the 24th day of October, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 3102. 

COMMUNITY TRANSIT LINES, INDEPENDENT BUS LINES, BLUE 
EAGLE BUS LINES, AND CITY TRANSIT LINES. 

Order Approving Transfer of Operating Rights and Properties Pursuant 
To Partnership Agreement 

It appearing to the Commission: 

1. That Franchise Certificate No. 510, dated March 6, 1942, was issued to Com- 
munity Transit Lines, a partnership composed of Powell Gilmer and Daisy V. Gilmer; 
that Franchise Certificate No. 516, dated May 7, 1942, was issued to Independent Bus 
Lines, a partnership composed of J. L. Gilmer, Daisy V. Gilmer, Emma J. Gilmer, 
and Powell Gilmer; that Franchise Certificate No. 521, dated July 1, 1942, was issued 
to Blue Eagle Bus Lines, a partnership composed of J. L. Gilmer, Daisy V. Gilmer, 
Emma J. Gilmer and Powell Gilmer; that Franchise Certificate No. 539, dated De- 
cember 29, 1942, was issued to City Transit Lines, a partnership composed of J. L. 
Gilmer, Daisy V. Gilmer, Emma J. Gilmer, and Powell Gilmer; 

2. That Powell Gilmer, one of the partners named in each of said franchise certifi- 
cates, died on August 3, 1945. 

3. That under date of August 14, 1945, a limited partnership to be known as 
Community Transit Lines was formed pursuant to the provisions of the General 
Statutes of North Carolina of 1943 (Chapter 59, Article I) for the purpose of carry- 
ing on the business theretofore performed by Community Transit Lines, said hmited 
partnership being composed of Daisy V. Gilmer, Winston-Salem, North Carolina, 
general partner, and Wachovia Bank and Trust Company, Administrator of the 
estate of Powell Gilmer, Winston- Salem, North Carolina, limited partner, the powers, 
rights, privileges, and duties of said limited partnership being particularly set out in 
the agreement and Limited Partnership Certificate, copies of which are on file with 
the Commission; 

6. That under date of August 14, 1945, a Hmited partnership to be known as In- 
dependent Bus Lines was also formed, pursuant to General Statutes of North Caro- 
lina above cited, for the purpose of taking over and continuing the operations and 



268 N. C. Utilitieb Commisbion 

business theretofore performed by Independent Bus Lines, Blue Eagle Bus Lines, 
City Transit Lines, and Brown Bus Lines, said new limited partnership being com- 
posed of J. L. Gilmer, Winston-Salem, North Carolina, general partner; Daisy V. 
Gilmer, Winston-Salem, North Carolina, Emma J. Gilmer, Wmston-Salem, North 
Carolina, and Wachovia Bank and Trust Company, Administrator of the estate of 
Powell Gilmer, Winston-Salem, North CaroUna, Umited partners, said new limited 
partnership to continue the operations and business of the old partnership under 
their respective trade names, as above set out, and with the power, rights, duties, and 
privileges particularly set out in the limited partnership agreement and the Partner- 
ship Certificate, copies of which are on file with the Commission. 

Upon consideration of the facts presented, the Commission is of the opinion and 
finds that the interests of the public will be best promoted and the transportation 
service involved best preserved by approval of the proposed transfer of said operating 
rights and properties and the continuation of the operations and business as set 
forth in the agreements and Hmited partnership certificates filed with the Commis- 
sion. 

It Is, Therefore, Ordered: 

1. That the transfer of the operating rights, properties, and privileges heretofore 
held and exercised under Franchise Certificate No. 510 in the name of Community 
Transit Lines to said hmited partnership of the same name and composed of Daisy 
V. Gilmer, general partner, and Wachovia Bank and Trust Company, Administrator 
of the estate of Powell Gilmer, limited partner, be, and the same is hereby, approved, 
subject to the provisions set out in the hmited partnership agreement and certificate 
dated August 14, 1945, copies of which are on file with the Commission: 

It Is Further Ordered that said Franchise Certificate No. 510 be cancelled and 
a new Franchise Certificate granting the same rights and privileges be issued to said 
limited partnership. 

2. That the transfer of the operating rights, properties, and privileges heretofore 
held and exercised under Franchise Certificate No. 516 in the name of Independent 
Bus Lines, Franchise Certificate No. 521 in the name of Blue Eagle Bus Lines, and 
Franchise Certificate No. 539 in the name of City Transit Lines to said hmited part- 
nership under the name of Independent Bus Lines and composed of J. L. Gilmer, Gen- 
eral partner, Daisy V. Gihner, Emma J. Gilmer, and Wachovia Bank and Trust Com- 
pany, Administrator of the estate of Powell Gilmer, hmited partner, be, and the same 
is hereby, approved, subject to the provisions set out in the hmited partnership agree- 
ment and certificate dated August 14, 1945, copies of which are on file with the Com- 
mission; 

It Is Further Ordered that said Franchise Certificates Nos. 516, 521, and 539 be 
cancelled and new Franchise Certificates in lieu thereof, granting the same rights and 
privileges, be issued to said hmited partnership. 
Issued by order of the Commission. 
This the 20th day of September, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3387. 



Decisions and Adjustments of Complaints 269 

IN THE MATTER OF SALE AND TRANSFER BY COMMUNITY TRANSIT 
LINES TO INDEPENDENT BUS LINES AND BY INDEPENDENT BUS 
LINES TO SUBURBAN TRANSIT LINES, INC. 

Order Approving Sale and Transfer 
From petitions filed with and considered by the Commission, it appears that Com- 
munity Transit Lines, owners of certain operating rights described in Franchise 
Certificate No. 510, has proposed to sell and transfer to the Independent Bus Lines 
the following described route: 

Docket No. 2600: From Winston Salem to Bethania via Liberty Street and 
Patterson Avenue to Grant Avenue to intersection of Highway No. 52-A, to 
New Old Town School Road to the Bethania Road; thence over Bethania 
Road to destination. 

Alternate to above route, pending completion of route described in Docket 
No. 2600; Winston-Salem via Cherry Street and Cherry Street Extension to 
Piney Grove Road; Old Town Road to Highway 421, thence to Highway 67; 
thence to Old Town School; thence Bethania Road to Town of Bethania. 

And it further appearing that the Independent Bus Lines proposes to seU and 
transfer the operating rights above described to Suburban Transit Lines, Inc.; 

And it further appearing that the Independent Bus Lines proposes to sell and trans- 
fer to Suburban Transit Lines, Inc., in addition to the above, the route between 
Winston-Salem and Lewisville over County Road, as described in Franchise Certifi- 
cate No. 516; 

And it further appearing that the proposed sale and transfer is not inconsistent 
with the public interest and that Suburban Transit Lmes, Inc., is a corporation 
chartered under the laws of North Carolina with its principal office in Winston-Salem; 
that its principal stockholders are C. B. Trent and G. G. Young; that said C. B. 
Trent is the President of said Corporation, P. S, Cly its Vice President, and G. G. 
Young its Secretary and Treasurer, and that its General Manager is F. H. Dancy, 
all of whom reside in the City of Winston-Salem; 

It Is, Therefore, Ordered that said sale and transfer from Community Transit 
Lines to Independent Bus Lines, and by Independent Bus Lines to Suburban Transit 
Lines, Inc., be, and the same is, hereby approved as of the first day of October, 1945. 

Issued by Order of the North Carolina UtiUties Commission. 

This the 16th day of October, 1945. 

Stanley Winborne, Chairman 

Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 3407. 

IN THE MATTER OF SALE AND TRANSFER BY COMMUNITY TRANSIT 
LINES TO INDEPENDENT BUS LINES AND BY INDEPENDENT BUS 
LINES TO SUBURBAN TRANSIT LINES, INC. 

Supplemental Order 
Reference is made to the petition in this cause and to the order, dated October 16, 
1945, approving the sale and transfer, which did not contain approval of a mortgage- 
in favor of the sellers securing the purchase price in the sum of $50,250 for the prop- 



270 N. C. Utilities Commission 

erty sold, including the franchise rights. The matter again comes before the Com- 
mission for approval of said purchase money mortgage, and the same having been 
considered and the Commission finding upon the representations of the seller that it 
is not practical to segregate the franchise from the other property involved and re- 
lease the franchise from said lien upon payment of a fixed sum, 
It Is, Therefore, Ordered: 

1. That the purchase of the mortgage referred to, a copy of which is on file with 
the Commission, be, and the same is, hereby approved. 

2. That the lien herein approved be noted on the original franchise certificate. 
This the 8th day of November, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z, Flack, Chief Clerk. 
Docket No. 3407. 

COMMUNITY TRANSIT LINES, LIMITED PARTNERSHIP, WINSTON- 
SALEM, N. C— APPLICATION FOR FRANCHISE CERTIFICATE FOR 
OPERATION BETWEEN HIGH POINT, N. C. AND GREENSBORO, N. C. 
DOCKET NO. 3597. 

Order 
This proceeding coming on to be heard upon the application of Community Transit 
Lines, a limited partnership consisting of Daisy V. Gilmer, general partner, and 
Wachovia Bank and Trust Company, Administrator of the Estate of Powell Gilmer, 
limited partner, upon application dated April 1, 1946 upon oral and documentary 
evidence, the Commission finds: 

This application was duly filed in the manner provided by law and the rules of the 
Commission, and due notice of the hearing thereof was given. Carolina Coach 
Company entered an appearance and filed a protest, but it also appeared at the hear- 
ing, through its counsel, and withdrew the protest. The application requests operat- 
ing rights between High Point, North Carolina and Greensboro, North Carolina via 
Kirkman's Crossroads and Groomtown over Washington Avenue and Kivette Drive 
Road to Kirkman's Crossroads, thence over Groomtown Road to Freeman Mill 
Road, thence over Freeman Mill Road and city streets to Greensboro. At the present 
time the applicant is operating over said route between High Point and Kirkman's 
Crossroads and between Greensboro and Groomtown, conducting a divided opera- 
tion. Kirkman's Crossroads is a fixed point, and, according to the official county 
map, Groomtown is another fixed point about two miles distant. However, during 
the war and since, the applicant, with the knowledge of the Commission, has been 
operating the Groomtown busses up to Kirkman's Crossroads and turning them 
around at that point. There has been some interchange of traffic, but it has not been 
large. The applicant operates 12 round trips daily between High Point and Kirk- 
man's Crossroads and 5 round trips daily between Greensboro and Groomtown with 
two additional trips on Saturdays. There are several manufacturing establishments on 
Kivette Drive Road, Groomtown is one of the most prosperous farming communities 
in Guilford County, and there is considerable traffic along the road moving toward 
both High Point and Greensboro. The applicant has received numerous requests 
for continuous service. Continuous service can be operated very economically, and 
passengers desiring to travel beyond the junction point in either direction will have 
a much more convenient service. The applicant is able to furnish the proposed serv- 



Decisions and Adjustments of Complaints 271' 

Upon the foregoing facts the Commission finds that the public convenience and 
necessity require the granting of the appUcation and issue of a franchise certificate 
therefor. 

It Is Hereby Ordered, that the apphcation of Community Transit Lines, a 
limited partnership, for franchise rights be granted over the following route: 

High Point, North Carohna to Greensboro, North Carolina, via Kirkman's 
Crossroads and Groomtown over Washington Avenue and Kivette Drive Road 
to Kirkman's Crossroads, thence over Groomtown Road to Freeman Mill Road, 
thence over Freeman Mill Road and city streets to Greensboro, North Carohna, 
and return over the same route. 
It Is Hereby Further Ordered that Franchise Certificate No. 510 now issued 
and outstanding in the name of Community Transit Lines be amended accordingly. 

This the 17th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner, 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3597. 

COMMUNITY TRANSIT LINES, LIMITED PARTNERSHIP, VENDOR, 
AND L. F. BARNARD, DOING BUSINESS AS GATE CITY TRANSIT 
LINES, VENDEE 

Order 

This proceeding coming on to be heard before the North Carolina UtiHties Com- 
mission upon the application of Community Transit Lines, a limited partnership 
of Winston-Salem, North Carohna, as Vendor, and L. F. Barnard, doing business 
as Gate City Transit Lines, of Greensboro, North Carolina, as Vendee, for the ap- 
proval of a certain contract of sale entered into between said parties under date of 
July 16, 1946 relating to certain operating rights now owned by Community Transit 
Lines under Franchise Certificate No. 510 issued by this Commission, and being 
heard, and it appearing to the Commission that the proposed transfer is not contrary 
to the public interest, and that the public convenience and necessity will be served by 
the approval of said agreement. 

It Is Hereby Ordered that the agreement between Community Transit Lines 
and L. F. Barnard, doing business as Gate City Transit Lines, constituting Exhibit 
A attached to the apphcation in this proceeding, be and the same is hereby approved. 
It Is Hereby Further Ordered that, upon the competition of the terms and con- 
ditions of the said contract and agreement, and the fifing of satisfactory evidence 
thereof with this Commission, there shall be transferred to L. F. Barnard, doing: 
business as Gate City Transit Lines, the following operating rights under Franchise- 
Certificate No. 510: 

(a) Jamestown to Greensboro and return, via county roads from Jamestown; 
to Guilford College, and via the Friendly Road from Guilford College to Greens- 
boro city limits, then Terrace Drive to West Market Street to Forbis Street, 
returning same route with stops on Market Street to pick up passengers, sub- 
ject to the right of Community Transit Lines, its successors and assigns, to- 
continue to operate between Guilford College Station and Greensboro via the^ 
foregoing route in connection with its operating rights between GreensborO' 
and Mount Airy, N. C, as ordered in Docket No. 2928, but without the right 



272 N. C. Utilities Commission 

to take on or discharge passengers between Guilford College Station and Greens- 
boro. 

(b) Oak Ridge to Kernersville and return, via N. C. 150, being part of the 
route granted in Docket No. 2596. 

It Is Hereby Further Ordered That, pending compUance with all the terms 
and conditions of the said contract, and until a final order has been entered authoriz- 
ing the transfer of the foregoing operating rights, Community Transit Lines shall 
continue the existing operations, and shall be responsible therefor. 
This the 17th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3714. 

COMMUNITY TRANSIT LINES, LIMITED PARTNERSHIP, VENDOR, 
AND CAROLINA COACH COMPANY, VENDEE. 

Order 

This proceeding coming on to be heard before the North Carolina UtiUties Com- 
mission upon the application of Community Transit Lines, a limited partnership of 
Winston-Salem, North Carolina, as Vendor, and Carolina Coach Company, a North 
Carolina corporation of Raleigh, North Carolina, as Vendee, for the approval of a 
certain contract of sale entered into between said parties under date of August 12, 
1946 relating to certain operating rights now owned by Community Transit Lines 
imder Franchise Certificate No. 510 issued by this Commission, and being heard, 
and it appearing to the Commission that the proposed transfer is not contrary to the 
public interest, and that the public convenience and necessity will be served by the 
approval of said agreement. 

It Is Hereby Ordered That the agreement between Community Transit Lines 
and Carolina Coach Company, constituting Exhibit A attached to the application 
in this proceeding, be and the same is hereby approved. 

It Is Hereby Further Ordered That, upon the completion of the terms and 
conditions of the said contract and agreement, and the filing of satisfactory evidence 
thereof with this Commission, there shall be transferred to Carolina Coach Company 
the following operating rights under Franchise Certificate No. 510: 

(a) Greensboro to Groomtown via city streets to Freeman Mill Read, thence 
over Freeman Mill Road to Groomtown Road, thence over Groomtown Road 
to destination, and return over the same route. 

(b) High Point to Kirkman's Crossroads via Washington Avenue and Kivette 
Drive Road, and return over the same route, 

(c) High Point, N. C. to Greensboro, N. C. via Kirkman's Crossroads and 
Groomtown over Washington Avenue and Kivette Drive Road to Kirkman's 
Crossroads, thence over Groomtown Road to Freeman Mill Road, thence over 
Freeman Mill Road and city streets to Greensboro, N. C, and return over the 
same route. 

The foregoing description includes all operations of the Vendor over the routes 



Decisions and Adjustments of Complaints 273 

above described, whether or not some part thereof is contained in the description of 
other routes shown on Franchise Certificate No. 510. 

It Is Hereby Further Ordered That, pending compliance with all of the terms 
and conditions of the said contract, and until a final order has been entered authoriz- 
ing the transfer of the foregoing operating rights, Community Transit Lines shall 
continue the existing operations, and shall be responsible therefor. 
This the 17th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. , 

Docket No. 3718. 

COMMUNITY TRANSIT LINES, LIMITED PARTNERSHIP, VENDOR 
AND K. HERMAN FULK, DOING BUSINESS AS CITY TRANSIT COM- 
PANY, VENDEE 

Order 
This proceeding coming on to be heard before the North Carolina Utilities Com- 
mission upon the application of Community Transit Lines, a Hmited partnership of 
Winston-Salem, North Carolina, as Vendor, and K. Herman Fulk, doing business as 
City Transit Company, of High Point, North Carolina, as Vendee, for the approval 
of a certain contract of sale entered into between said parties under date of August 
12, 1946 relating to certain operating rights now owned by Community Transit Lines 
under Franchise Certificate No. 510 issued by this Commission, and being heard, 
and it appearing to the Commission that the proposed transfer is not contrary to the 
public interest, and that the public convenience and necessity will be served by the 
approval of said agreement. 

It Is Hereby Ordered That the agreement between Community Transit Lines 
and K. Herman Fulk, doing business as City Transit Company, constituting Exhibit 
A attached to the application in this proceeding, be and the same is hereby approved. 
It Is Hereby Further Ordered That, upon the completion of the terms and 
conditions of the said contract and agreement, and the filing of satisfactory evidence 
thereof with this Commission, there shall be transferred to K. Herman Fulk, doing 
business as City Transit Company, the following operating rights under Franchise 
Certificate No. 510, Docket No. 2595: 

From Kernersville to High Point over City Street to Bunker Hill Road; 
thence over Bunker Hill Road to Highway No. 311 thence over Highway No. 
311 to city limits of High Point. 

It Is Hereby Further Ordered That, pending compliance with all of the terms 
and conditions of the said contract, and until a final order has been entered authoriz- 
ing the transfer of the foregoing operating rights. Community Transit Lines shall 
continue the existing operations, and shaU be responsible therefor. 
This the 17th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3720. 



18 



274 N. C. Utilities Commission 

COMMUNITY TRANSIT LINES, LIMITED PARTNERSHIP 

Order 

This proceeding coming on to be heard upon the petition of Community Transit 
Lines, a Hmited partnership, relating to transfer of operating rights under Franchise 
Certificate No. 510 and the surrender of a part thereof, which said petition was filed 
with this Commission on August 15, 1946, the Commission considered the said peti- 
tion and the applications for transfer referred to therein in Paragraph 3 (b), (c) and 
(d) (the transfer to Atlantic Greyhound Corporation not being considered at the 
present time because no application for approval thereof has been filed). The ap- 
plication for approval of the three separate contracts between Community Transit 
Lines and L. F. Barnard, doing business as Gate City Transit Lines, Carolina Coach 
Company, and K. Herman Fulk, doing business as City Transit Company, respec- 
tively, were considered together, but separate orders have been entered upon each 
application, approving the same upon the terms and conditions set out in each sepa- 
rate order. The Commission considered the petition of Community Transit Lines, in 
the event of the final consummation of the transactions with said parties, to surrender 
operating rights between Kivette Drive Road and Jamestown, N. C. via Oakdale 
Mill. The Commission has found that the three separate transfers above referred to 
are not contrary to the public interest and that the public convenience and necessity 
will be served thereby. The distance between Oakdale Mill Village and Kivette 
Drive Road is one and one-half to two miles. The road is a dirt road. It will not be 
practicable for any operator to conduct a single operation between Kivette Drive 
Road and Jamestown. After the transfers approved have been completed Carohna 
Coach Company will be operating regular service between High Point and Greens- 
boro over Kivette Drive Road to the south and over U. S. Highway No. 70 to the 
north. K. Herman Fulk, doing business as City Transit Company, now operates be- 
tween Oakdale Mill Village and High Point via Jamestown, After considering all 
the facts in connection with the petition the Commission finds that the public in- 
terest will not be adversely affected by permitting Community Transit Lines to sur- 
render the operating rights between Kivette Drive Road and Jamestown. 

It Is Hereby Ordered That, upon the completion of the contracts between 
Community Transit Lines and L. F. Barnard, doing business as Gate City Transit 
Lines, and between Community Transit Lines and Carolina Coach Company, as 
authorized by the Commission on this date, and the commencement of operations by 
the transferees, Community Transit Lines shall be permitted to cease operations 
between Kivette Drive Road and Jamestown via Oakdale Mill, and its Certificate 
No. 510 shall be amended accordingly. 

This the 17th day of August, 1946. 

Stanley Winborne, Chairman 

Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G, Johnson, Commissioner. 

Docket No. 3722. 

APPLICATION OF DANVILLE AND DURHAM MOTOR FREIGHT LINES 
FOR RENEWAL FRANCHISE CERTIFICATE NO. 312. 

Order 
Franchise certificate No. 312 in the name of J. A. Mannooch, d/b/a Danville and 
Durham Motor Freight Lines, Danville, Virginia, having expired and application 



Decisions and Adjustments of Complaints 275 

having been made for renewal thereof and upon consideration of said application, 
the Commission finds: 

1. That the applicant has been operating intrastate in North CaroUna over 
practically the same routes for approximately 15 years under franchise rights granted 
by this Commission, during which period certain unnumbered highways covered by 
the operation have been assigned official highway numbers and other highways have 
been repeatedly changed from one number to another; 

2. That some confusion has arisen as a result of changes in routing of highways 
and particularly as a result of many changes in numbers assigned to said highways, 
making it necessary to now estabUsh the apphcant's franchise routes according to 
present routing and numbering c>f highways over which the applicant is operating. 

It Is, Therefore, Ordered that the apphcant's franchise certificate No. 312 be 
renewed for a period of three years from May 3, 1945, and that the routes over which 
the applicant is authorized to operate be described according to the 1944 State High- 
way Map published by the North CaroUna State Highway and PubUc Works Com- 
mission as follows: 

From Durham to Roxboro over U. S. Highway No. 501, thence from Roxboro to 
the North Carolina- Virginia State Line via Milton over N. C. Highway No. 57; 
from Roxboro to Yanceyville via Leasburg over U. S. Highway No. 158, thence 
from Yanceyville via Purley to the North Carolina- Virginia State Line over 
N. C. Highway No. 86; from the North Carolina-Virginia State Line to Reids- 
ville over U. S. Highway No. 29, thence from Reidsville to Spray over N. C. 
Highway No. 87, thence from Spray to Draper via Leaksville over N. C. High- 
way No. 770, thence from Draper over N. C. Highwap No. 700 to its intersection 
with U. S. Highway No. 29 about one mile south of the North Carolina- Virginia 
State Line, and return over same routes. 

This the 23rd day of May, 1945. 

Stanley Winborne, Chairman 
Fred C. Hxjnter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

Charles Z. Flack, Chief Clerk. 

Docket No. 3178. 

APPLICATION OF T. L. AND O. M. DILLINGHAM DOING BUSINESS AS 
DILLINGHAM BROTHERS, FOR AUTHORITY TO PURCHASE THE 
OPERATING RIGHTS OF W. L. AND P. P. DILLINGHAM, DOING BUSI- 
NESS AS BARNARDSVILLE BUS LINE. 

Order 

Whereas, Certificate No. 541 was issued to W. L. and P. P. DilHngham, doing 
business as Barnardsville Bus Line, dated December 18, 1942, and April 6, 1943, in 
Docket No. 2727, and 

Whereas, Certificate No. 563 was issued to T. L. and O. M. Dillingham, doing 
business as Dillingham Brothers, over approximately the same route as that issued to 
Barnardsville Bus Line, now comes T. L. and O. M. Dillingham, doing business as 
Dillingham Brothers, and proposes to purchase the operating rights of W. L. and 
P. P. Dillingham, doing business as Barnardsville Bus Line, and 

Whereas, it appears that the contracts have been entered in due form, and appU- 
cation filed with this Commission in accordance with the rules and regulations and 



276 N. C. Utilities Commission 

the Dillingham Brothers have filed with this Commission a new and revised schedule 
to become effective on the date of the transfer of the rights hereinbefore referred to, it 
appears that the consohdation of the two operations is in the public interst, there- 
fore it is 

Ordered, that the application be, and the same is, hereby approved, and that the 
Certificate No. 563 now standing in the name of Dillingham Brothers be amended to 
include the operating rights of Barnardsville Bus Line, and that the Certificate No. 
541 now standing in the name of W. L. and P. P. DilHngham be cancelled, and it is 
Further Ordered, that T. L. and 0. M. Dillingham, doing business as DiUing- 
ham Brothers, be and they are hereby, authorized to continue said operation under 
the amended Certificate No. 563. 
This the 16th day of November, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

R. 0. Self, Chief Clerk. 

Docket No. 3205. 

PETITION OF THE DURHAM TRANSPORTATION CORPORATION FOR 
AUTHORITY TO DISCONTINUE BUS SERVICE OVER U. S. HIGHWAY 
70 BETWEEN DURHAM AND BETHESDA. 

Order 
Upon consideration of the above Petition, it appears that public convenience and 
necessity no longer require the bus service heretofore performed by the petitioner 
over U. S. Highway No. 70 between Durham and Bethesda, and that notice of said 
petition for authority to discontinue bus service over said route has been duly pub- 
Ushed in the Durham Morning Herald to which no protest has been filed with, or made 
known to, the Commission. 

It Is Therefore Ordered: 

1. That the Petition of the Durham Transportation Corporation for authority 
to discontinue bus service over U. S. Highway No. 70 between Durham and 
Bethesda be, and the same is, hereby granted. 

2. That said petitioner mail its original franchise certificate to the Commission 
to the end that said certificate may be amended by striking therefrom the route 
above described. 

This 1st day of May, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 
Docket No. 3163. 

APPLICATION OF DURHAM TRANSPORTATION CORPORATION FOR 
FRANCHISE TO OPERATE PASSENGER BUSES FROM CITY OF DUR- 
HAM OVER ALSTON AVE. ROAD, A DISTANCE OF ABOUT SIX MILES, 
TO LOWE'S GROVE SCHOOL AND N. C. HIGHWAY NO. 54; THENCE 
WEST OVER N. C. HIGHWAY NO. 54 FOR A DISTANCE OF ABOUT 
THREE MILES TO FAYETTEVILLE ROAD: THENCE OVER THE FA- 
YETTEVILLE ROAD A DISTANCE OF ABOUT SIX MILES TO THE CITY 
OF DURHAM; AND FROM CITY OF DURHAM OVER THE FAYETTE- 



Decisions and Adjustments op Complaints 277 

VILLE ROAD A DISTANCE OF ABOUT SIX MILES TO N. C. HIGHWAY 
NO. 54; THENCE EAST OVER N. C. HIGHWAY NO. 54, A DISTANCE 
OF ABOUT THREE MILES TO ALSTON AVE. ROAD; THENCE OVER 
ALSTON AVE. ROAD, A DISTANCE OF ABOUT SIX MILES, TO THE 
CITY OF DURHAM. 

Order 
It appearing to the Commissioner that apphcation of the Durham Transportation 
Corporation was filed in the above entitled matter on December 11, 1944, and that 
Marshall T. Spears, Attorney for Durham Transportation Corporation, has in- 
formed the Commission that the applicant now desires to withdraw its apphcation 
in this matter; 

It Is Therefore, Ordered That Durham Transportation Corporation be, and 
it is hereby permitted to withdraw its application filed in this matter. 
This the 28th day of December 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Docket No. 3221. 

IN THE MATTER OF THE SALE OF CERTAIN EQUIPMENT AND FRAN- 
CHISE RIGHTS BY THE DURHAM TRANSPORTATION CORPORA- 
TION TO J. C. HASTINGS. 

Order 
Winborne, Chairman 

This Matter came before the Commission upon motion of Honorable Marshall T. 
Spears, attorney for the Durham Transportation Corporation, asking that this Com- 
mission approve the sale and transfer of the franchise certificate No. 515 issued by 
this Commission to Durham Transportation Corporation, on May 7, 1945, to J. C. 
Hastings, together with the following equipment: 

One 1941 32 passenger Chevrolet Bus, Motor No. AG898830, 

Serial No. 14YSO5-13260 

One 1942 29 passenger Chevrolet Bus, Motor No. BG691904, 

Serial No. 9MT39-19100 

One 1944 37 passenger Mack Bus, Motor No. EN354-1 17-100, 

Serial No. EHIS-3115 

The recited consideration of said purchase price is $8,000.00. 

In support of said motion there has been presented to and filed with the" Commis- 
sion an agreement of bargain and sale, dated 3rd day of October, 1946, executed by 
the Durham Transportation Corporation through its president, WiUiam H. Al- 
dridge and J. C. Hastings, and also an afiidavit duly verified by L. L. Gardner, Secre- 
tary and Treasurer of said Durham Transportation Corporation, in which it is stated 
that the only liabilities of the corporation are as follows: 

1. Current bills to Montgomery & Aldridge, Durham, N. C, for gas, oil, tires, etc., 
in the amount of approximately $300.00. 

2. Current bills to Clark & Sorrell, Durham, N. C, for repair work and parts in 
the amount of approximately $400.00. 

3. State of North Carolina, Revenue Department, Franchise Tax, in the amount 
of approximately $100.00, 

4. Daisy E. Scarborough Home, Inc., Durham, N. C, for monthly rental of bus 
station— $125.00. 



278 N. C. Utilities Commission 

5. There is a suit pending in the District Court of the United States for the Middle 
District of North Carolina, Durham Division, wherein John G. Harmann has in- 
stituted a suit against the Durham Transportation Corporation for personal injuries 
alleged to have been sustained by him. This suit is being defended by United States 
Fidehty and Guaranty Company, which is the company in which the Durham Trans- 
portation Corporation carries its liability insurance for personal injuries and prop- 
erty damages. 

There has also been filed with the Commission affidavit of J. C. Hastings stating 
that he is familiar with the rules and regulations of the Commission relating to motor 
vehicle transportation; affidavit as to his experience in operating motor lines, and an 
affidavit showing that his net financial worth is $15,310.00. 

Upon consideration of said exhibits and affidavits the Commission is of the opinion 
that the sale will be in the public interest and that the said Hastings is financially 
able and has had sufficient experience in the operation of motor lines to enable him 
to render satisfactory service. The said Hastings represents to the Commission that 
if approval is given to the said franchise that he will add to the equipment purchased 
from the Durham Transportation Corporation one 1945 Chevrolet bus of 29 passenger 
capacity. 

Wherefore It Is Ordered, that said sale be and the same is hereby approved 
upon the condition that the said Durham Transportation Corporation pay all claims 
which it fists as outstanding and all other claims which may be legally estabUshed 
against it, and that the said J. C. Hastings shall accept the transfer of said franchise 
and equipment with the distinct understanding that he, too, will be secondarily liable 
for all outstanding habilities of the Durham Transportation Corporation until 
liquidated in full. It is further ordered that in approving this sale the Commission 
does not attempt to establish the fairness of the purchase price paid for said franchise 
and equipment. 

It Is Further Ordered, when the aforesaid conditions and the requirements of 
the Commission have been met in regard to insurance and all other rules and regu- 
lations of the Commission that the franchise certificate shall be transferred from the 
Durham Transportation Corporation to J. C. Hastings. 

This the 8th day of October, 1946. 

Stanley Winborne, Chairman 

Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 3780. 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION IN THE 
MATTER OF APPLICATION OF ELMER L. GARRIS, d/b/a EAST CARO- 
LINA FREIGHT LINES, FOR A CERTIFICATE TO TRANSPORT PROP- 
ERTY BETWEEN NEW BERN, ATLANTIC, HARLOWE, AND IMMEDI- 
ATE POINTS. 

Order 
Appearances: For the Appficant: 

E. L. Garris, Appficant 

For Protestants: 

E. E. Young, Kinston, North CaroUna, for A. & E. C. Railway 
Company. 

Hunter, Commissioner: This appfication came on for hearing in Raleigh on 
May 8, 1946, wherein the appficant, Elmer L. Garris, d/b/a East Carofina Freight 



Decisions and Adjustments of Complaints 279 

Lines, 409 Metcalf Street, New Bern, North Carolina, seeks authority to transport 
general commodities as follows: 

Route 1. From New Bern to Atlantic via Havelock, Morehead City, Beaufort, 

and Smyrna over U. S. 70. 

Route 2. From Havelock to Beaufort via Harlowe over N. C. 101 and return, 

serving all intermediate points on both routes. 

It appeal's that Atlantic and East Carolina Railway Company maintains daily 
freight service between New Bern and Morehead City and between Havelock and 
Cherry Point, on its Une, and in conjunction with the Beaufort and Morehead City 
Railroad Company maintains daily freight servdce between Morehead City and Beau- 
fort. It further appears that motor carriers that have heretofore been granted oper- 
ating rights here involved have either suspended or abandoned the rights so granted 
and that there is now no intrastate motor carrier service over said routes; and it 
further appears that a freight motor carrier service such as here proposed by the ap- 
plicant is needed and will be in the pubhc interest, and that, while the Atlantic and 
East Carolina Railway Company needs the revenue that may be diverted from it 
by reason of the granting of the instant application, said company does not serve 
all points and routes involved in the apphcation. Morever, the proposed service 
is not practical and has no reasonable promise as to being maintained unless it in- 
cludes the routes and the service to which the protest of said railroad company is 
directed. 

Upon the consideration of aU testimony and inherent advantages of rail and motor 
carrier service, respectfully, in the area involved, the Commission finds public con- 
venience and necessity for the proposed service. 

It Is, Therefore, Ordered: 

1. That the apphcation of E. L. Garris, d/b/a East CaroHna Freight Lines, for a 
certificate of public convenience and necessity to transport general commodities, 
over the routes hereinabove described as Route 1 and Route 2, be, and the same is 
hereby, granted. 

2. That a certificate be issued to the apphcant authorizing such service when the 
appHcant shall have filed with the Commission, a description of the vehicles to be 
used, proper insurance covering the same, and shall have pubhshed his tarifif appli- 
cable to said operation and filed a copy of same with the Commission. 

Issued by Order of the Commission. 

This 16th day of July 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3523. 



280 N. C. Utilities Commission 

APPLICATION OF EARL EDWARDS AND R. B. MORPHEW, ROBBINS- 
VILLE, NORTH CAROLINA, FOR A FRANCHISE CERTIFICATE TO 
TRANSPORT PASSENGERS, THEIR BAGGAGE, AND LIGHT EXPRESS 
OVER UNNUMBERED COUNTY HIGHWAYS FROM ROBBINSVILLE TO 
CHEOAH, THENCE TO STECOAH, THENCE TO POCAHUNTUS, THENCE 
TO BRYSON CITY, AND RETURN. 

Order 
Appearances: For the Applicant: 

R. B. Morphew, Robbinsville, North CaroUna. 

Protestant: 
T. A. Uzzell, Jr., Asheville, North Carolina, J. W. Bunn and 
Banks Arendell, Raleigh, North Carolina, for Smoky Moun- 
tain Stages, Inc. 

Hunter, Commissioner: The application set out in the caption came on for hear- 
ing before the entire Commission at Raleigh on June 12, 1945, and from the testimony 
offered it appears: 

1. That the proposed route is an unnumbered, unimproved road leading approxi- 
mately thirty miles through a large mountain area of Graham and Swain counties, 
which is the only road traversing said area in which approximately two thousand 
people live, most of whom have no means of motor vehicle transportation of any 
kind, and the terrain and character of said road is such that a passenger-carrying 
vehicle larger than a station wagon cannot be operated over said route. 

2. That the applicants propose to use station wagons over said route and to charge 
such fares as will justify the operation, which will not be less than $2 one way between 
Robbinsville and Bryson City and about the same charges, distance considered, 
between intermediate points, which said charges are much less than people hving 
in said area are now paying for less desirable taxicab service. 

3. That the applicants propose to operate with closed doors over the portion of 
said route near Bryson City over which Smoky Mountain Stages, Inc., now hold 
franchise rights and operate. 

4. That public convenience and necessity require the proposed service. 
It Is, Therefore, Ordered: 

1. That the application of Earl Edwards and R. B. Morphew, d/b/a Edwards and 
Morphew, for motor vehicle franchise rights to transport passengers, their baggage, 
and light express over an unnumbered highway from Robbinsville to Cheoah, thence 
to Stecoah, thence Pocahuntus, thence to Bryson City, and return, with closed doors 
over the portion of said route near Bryson City over which Smoky Mountain Stages, 
Inc., holds franchise rights, and at fares of not less than $2 one way between Robbins- 
ville and Bryson City, be, and the same is hereby, granted. 

2. That operations shall not commence until said applicant shall have filed with 
the Commission a full description of the motor vehicles to be used in said operation 
and insurance to be approved by the Commission covering said vehicles. 

This the 6th day of July, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3327. 



Decisions and Adjustments of Complaints 281 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION IN THE 
MATTER OF OPERATIONS BY MRS. S. M. GIBBS, d/b/a ENGELHARD- 
WASHINGTON BUS COMPANY, OVER AN UNNUMBERED COUNTY 
HIGHWAY FROM BAYVIEW TO BELHAVEN. 

Order 
It appearing to the Commission that Mrs, S. M. Gibbs, d/b/a Englehard- Wash- 
ington Bus Company, is now and for more than a year has been operating over the 
highway and between the points described in the caption in the transportation of 
passengers, said service being under some kind of verbal understanding with the 
Commission, and that said carrier has filed schedules of her operations with the Com- 
mission, which said schedules included operations over the above-described route 
and which have been approved by the Commission, it further appears that the service 
now being rendered over said route fills a transportation need which should not be 
discontinued during the present war emergency and that the facts and circum- 
stances under which service is being performed between Bath and Belhaven should 
be made matters of record; and to that end, 

It Is Ordered: 

(1) That Mrs. S. M. Gibbs, d/b/a Engelhard- Washington Bus Company, be, 
and the same is hereby, authorized to transport passengers temporarily over an un- 
numbered highway from Bajoriew to Belhaven and return, subject to complaint and 
hearing, said service to be discontinued upon further order of the Commission. 

(2) That the temporary rights herein granted be noted on said carrier's Franchise 
Certificate No. 401. 

This the 8th day of February, 1945. 

Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3256. 

APPLICATION OF MRS. S. M. GIBBS, d/b/a ENGELHARD-WASHINGTON 
BUS COMPANY TO OPERATE A PASSENGER SERVICE FROM ENGEL- 
HARD OVER U. S. 264 TO STUMPY POINT, THENCE TO MANNS HAR- 
BOR, THENCE OVER FERRY OR BRIDGE ACROSS CROATAN SOUND 
TO MANTEO VIA FORT RALEIGH; FROM THE JUNCTION OF U. S. 
254 AND N. C. 94 ACROSS MATTAMUSKEET LAKE AND OVER A DIRT 
ROAD TO FAIRFIELD; FROM PANTEGO VIA N. C. 99 AND N. C. 32 TO 
PLYMOUTH, WITH CLOSED DOORS FROM THE INTERSECTION OF 
N. C. 99 AND N. C. 32 TO PLYMOUTH; AND FROM BAYVIEW TO BEL- 
HAVEN. 

Order 
Appearances: For the appHcant: 

Honorable I. M. Bailey, Attorney at Law, Raleigh, N. C. 

For the Protestant: 
None. 

Winborne, Chairman: 

This Matter came on for hearing and was heard before Commissioners Winborne 
and Hunter in Raleigh on October 16, 1946. 

At the beginning of the hearing it was announced by Mr. Bailey, attorney for the 



282 N. C. Utilities Commission 

applicant, that the Virginia Dare Transportation Company had at first given notice 
that it would oppose the granting of a part of the franchise, but later that an agree- 
ment had been reached between the applicant and the Virginia Dare Transportation 
Company to the effect that if the Engelhard- Washington Bus Company ever offers 
for sale its franchise it will offer to the Virginia Dare Transportation Company that 
portion of the franchise from Manns Harbor across the sound to the Island and on 
into Manteo before offering it to anyone else. It was further stated that the agree- 
ment was satisfactory to Mrs. Gibbs, owner of the Engelhard- Washington Bus Com- 
pany, and that a written stipulation, or agreement, would be entered into and filed 
with the Commission. 

The applicant first offered its certificate of publication of notice, which was filed 
with the Commission on February 1, 1946. 

Mrs. S. M. Gibbs testified in substance as follows: 

That she has been operating from Engelhard to Washington since 1934 and had 
later received a franchise from Washington through Bath, Bayvi w, Ransomville 
into Belhaven; that last year she received a franchise to operate across Lake Mat- 
tamuskeet on a temporary basis, and also a franchise around the northern portion of 
said Lake to Fairfield, and thence into Columbia. 

The witness further testified that there was a great demand for service between 
Pantego into Plymouth by way of Wenona, which is a very thickly settled section, 
and although the highway is now unpaved that she had assurance that an improved 
highway will soon be completed, and if granted a franchise she would like permission 
to cease operation when the roads become impassable as they sometimes do in the 
winter months. 

The witness further testified that this route would effect a considerable saving in 
travel mileage from Bayview and other points along route 99 to Plymouth, Edentcn, 
Ehzabeth City and Norfolk. 

The witness further testified that her bus line was now operating across the Lake 
between Fairfield and U. S. Highway 264 on the south side of the Lake under tempo- 
rary authority, which she desires to make permanent in this case. That such an 
operation shortens the distance between Fairfield, Belhaven and Washington ap- 
proximately 8 or 9 miles, and that U. S. Highway 264 between Washington and Engel- 
hard is paved all the way, but that the remainder of the distance of about 15 miles 
is dirt road. 

The witness further testified that she desired a franchise to operate between Engel- 
hard by way of Stumpy Point, Manns Harbor into Manteo, a distance of 45 miles 
from Engelhard to Manns Harbor, only about 9 or 10 miles of which is surfaced. The 
people residing along that road have no other means of transportation and at certain 
seasons of the year the dirt part of this road becomes impassable. When this opera- 
tion is in effect it would save an hour's running time from Engelhard to Norfolk. 

The testimony of Mrs. Gibbs as to the need for the service in question was corrobo- 
rated by three other witnesses from various sections of the routes over which the ap- 
plicant is asking the franchise. 

Upon consideration of all the testimony, the Commission is satisfied and finds as a 
fact that public convenience and necessity has been shown for all of the operations 
proposed, and 

It Is Therefore Ordered, that a franchise be issued to Mrs. S. M. Gibbs, d/b/a 
Engelhard- Washington Bus Company to operate a passenger service; as follows: 

1. From Engelhard over U. S. Highway 264 to Stumpy Point, thence to Manns 
Harbor, thence over ferry or bridge across Croatan Sound to Manteo by way of Fort 
Raleigh. 



Decisions and Adjustments of Complaints 283 

2. From the junction of U. S. Highway 254 and N. C. Highway 94 across Matta- 
muskeet Lake and over a dirt road to Fairfield. 

3. From Pantego via N. C. Highway 99 and N. C. Highway 32 to Plymouth, with 
closed doors from the intersection of N. C. Highway 99 and N. C. Highway 32 to 
Plymouth, and , 

4. From Bayview to Belhaven over an unnumbered highway. 

It Is Further Ordered, that whenever the roads become impassable, the Engel- 
hard- Washington Bus Company will be relieved from maintaining schedules without 
forfeiting the franchise. 

It Is Further Ordered, that a certificate for the operation herein provided for 
shall be issued upon the applicant's fully complying with the rules, regulations and 
requirements of the Commission. 
This the 5th day of November, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3268. 

APPLICATION OF MRS. S. M. GIBBS d/b/a ENGELHARD-WASHINGTON 
BUS COMPANY TO TRANSPORT PASSENGERS, LIGHT EXPRESS, 
MAIL, NEWSPAPERS, AND BAGGAGE FROM JUNCTION OF U. S. 264 
AND N. C. 94 ACROSS MATTAMUSKEET LAKE, OVER DIRT ROAD, A 
DISTANCE OF SEVEN MILES, TO FAIRFIELD, N. C. 

Order 

It appearing that an appHcation was made to the Commission by the above named 
carrier on February 20, 1945, for certain operating rights, including the route set out 
in the caption, and that the hearing on said apph cation being deferred for reasons 
over which said applicant has no control, and it further appearing to the Commission 
that a present need exists for said service which justifies temporary rights pending 
the hearing on said appHcation, 

It Is, Therefore, Ordered, That the appHcation of Mrs. S. M. Gibbs d/b/a 
Engelhard- Washington Bus Company for operating rights over the highway de- 
scribed in the caption be and the same is hereby granted, to cease or be continued 
according to the order of the Commission after a formal hearing on the application 
in this cause. 

This the 5th day of June, 1945. 

Fred C. Hunter, Commissioner. 

Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3268. 

DOCKET NO. 3342— APPLICATION OF W. R. FRANCIS, W. T. LEE, JR., 
AND J. H. woody, WAYNESVILLE, N. C, FOR A FRANCHISE CERTIF- 
ICATE TO TRANSPORT PASSENGERS AND THEIR BAGGAGE FROM 
BREVARD, N. C, OVER U. S. HIGHWAY NO. 76 TO WAYNESVILLE, 
N. C, AND OVER HIGHWAY NO. 284 FROM WAYNESVILLE TO THE 
TENNESSEE-NORTH CAROLINA STATE LINE VIA MT. STERLING, 



284 N. C. Utilities Commission 

AND RETURN OVER SAME ROUTE, WITH CLOSED DOORS TO LOCAL 
TRAFFIC FROM WOODROW, IN HAYWOOD COUNTY, TO DELLWOOD, 
IN THE SAME COUNTY. 

DOCKET NO, 3385— APPLICATION OF SMOKY MOUNTAIN STAGES, 
INC., 25-31 SPRUCE STREET, ASHEVILLE, NORTH CAROLINA, FOR A 
FRANCHISE CERTIFICATjE TO TRANSPORT PASSENGERS, THEII^ 
BAGGAGE, NEWSPAPERS, EXPRESS, AND MAIL IN THE SAME VE- 
HICLE BETWEEN DELLWOOD, N. C, AND THE NORTH CAROLINA- 
TENNESSEE STATE LINE VIA N. C. HIGHWAY NO. 284, SERVING ALL 
INTERMEDIATE POINTS, AND RETURN OVER SAME ROUTE. 

DOCKET NO. 3417— APPLICATION OF SMOKY MOUNTAIN STAGES, 
INC., ASHEVILLE, NORTH CAROLINA, FOR A FRANCHISE CERTIFI- 
CATE TO TRANSPORT PASSENGERS AND THEIR BAGGAGE, NEWS- 
PAPERS, EXPRESS, AND MAIL IN THE SAME VEHICLE WITH PASSEN- 
GERS, OVER THE FOLLOWING HIGHWAYS AND BETWEEN THE 
FOLLOWING POINTS: REGULAR ROUTE BETWEEN JUNCTION 
N. C. HIGPIWAY 280 AND U. S. HIGHWAY 276 AND N. C. HIGHWAY 110 
VIA U. S. HIGHWAY 276. ALL INTERMEDIATE POINTS WILL BE 
SERVED. RETURN OVER SAME ROUTE. 

Order 
Before Commissioner Hunter: 
Appearances: 

For Francis, Lee, and Woody: 
W. R. Francis. 

For Smoky Mountain Stages, Inc. : 
T. A. UzzeU, Jr. 
Ralph H. Ramsey. 

Hunter, Commissioner: The applications set out in the caption were filed in the 
order shown by their respective docket numbers and came on for hearing in Ashe- 
ville on November 14, 1945. The application in Docket No. 3342 is for rights over 
substantially the same routes between Brevard and the State Line as the two ap- 
plications in Docket Nos. 3385 and 3417. The three applications were consoUdated 
for hearing. 

The applicants in Docket No. 3342 propose, if the application is granted, to form a 
corporation with sufficient capital to adequately perform the proposed service. The 
applicants all reside in Waynesville. Mr. Francis is a prominent attorney in that 
section of the State; Mr. Woody is a banker and is engaged in other activities in- 
cluding farming; Mr. Lee is engaged, among other things, in motor bus transporta- 
tion, operating in and around Waynesville and holds operating rights between 
Waynesville and Lake Junaluska. The applicants are all men of business experience 
and have sufficient capital to establish and maintain the proposed service. 

The apphcant in Docket Nos. 3385 and 3417 is a large, well-managed motor ve- 
hicle carrier of passengers, operating extensively in the section of the State west of 
Asheville and to points in Tennessee, South Carolina, and Georgia. It operates under 
intrastate and interstate authority through Waynesville over U. S, Highways 19 
and 23 and from Waynesville to Dellwood, thence to Maggie, Cherokee, and points 
beyond. It also operates between Waynesville and Canton over U. S. Highway 276 
and N. C. Highway 110 via Woodrow. It also operates from Asheville to and through 
Brevard over N. C. Highway 280 to points west and south of Brevard. It has ample 



Decisions and Adjustments of Complaints 285 

capital, equipment, and trained personnel to adequately perform the proposed serv- 
ice. 

The route in question traverses sections between Brevard and Waynesville and 
between Dellwood and the Tennessee Line that are not now served by any passenger 
carrier. Both carriers offered evidence to the effect that the operation is feasible and 
will serve a substantial public demand and need,.and there was some evidence to the 
effect that the proposed route has possibilities of becoming an important link in 
through transportation from Newport and other points in Tennessee to points in 
South Carolina, obviating the necessity of routing traffic through Asheville or over 
other north-south routes, crossing the mountain section of the State west of Waynes- 
ville. 

It is never easy to make a choice between appUcants, both of whom are well quali- 
fied to perform the proposed service in a satisfactory manner, and such a choice is 
not a pleasant task, even in a case in which the weight of the testimony is less evenly 
balanced. Both the applicants cannot perform the service; one must be chosen and 
the other left. In the situation here presented, the interest of the public not being 
materially affected one way or the other, it appears that some consideration should 
be given to the order in which the appUcations were filed. This has never been a rule 
of the Commission, but in a close case it is a circumstance to be considered. 

It Is, Therefore, Ordered: 

1. That the application of W. R. Francis, W. T. Lee, Jr., and J. H. Woody, for 
motor vehicle franchise rights to transport passengers over the routes set out in 
Docket No. 3342 in the caption, be, and the same is hereby, granted, certificate to 
issue and operations to begin upon filing with the Commission by the applicants a 
proper description of the buses to be used and insurance covering the same, as re- 
quired by the statute; 

2. That the appHcations of Smoky Mountain Stages, Inc., as 'set out in the caption 
in Docket Nos. 3385 and 3417, be, and the same are hereby, denied; 

3. That the applications herein having been heard by one member of the Com- 
mission, the findings and the order herein will become the findings and the order of 
the fuU Commission unless exceptions are filed thereto within ten days from the date 
hereof. 

This the 31st day of January, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Dockets No. 3342, 3385, 3417. 

DOCKET NO. 3342— APPLICATION OF W. R. FRANCIS, W. T. LEE, JR., 
AND J. H. WOODY. 

DOCKET NO. 3385— APPLICATION OF SMOKY MOUNTAIN STAGES, INC. 

DOCKET NO. 3417— APPLICATION OF SMOKY MOUNTAIN STAGES, INC. 

Order Overruling Exceptions 
The above designated applications now come before the Commission for further 
consideration upon exceptions filed by Smoky Mountain Stages, Inc. to the findings 
and order of the Commission, dated January 31, 1946, wherein the Commission 



286 N. C. Utilities Commission 

granted the application in Docket No. 3342 and denied the applications in Dockets 
Nos. 3385 and 3417. 

Upon review of the testimony in the light of said exceptions, the Commission is of 
the opinion and finds that said exceptions are without sufficient merit to warrant any- 
material change or modification in the findings and order heretofore made in these 
applications. 

It Is, Therefoee, Ordered that the exceptions filed by Smoky Mountain Stages, 
Inc. to the Commission's findings and order made herein, dated January 31, 1946, be, 
and the same are, hereby overruled, and said findings and order are hereby made the 
findings and the order of the Full Commission. 

Issued by Order of the Full Commission. 

This the 15th day of March, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 

Dockets Nos. 3342, 3385 and 3417. 

AGREEMENT BETWEEN FREDRICKSON MOTOR EXPRESS CORPORA- 
TION AND CAROLINA TRANSPORTATION COMPANY RELATING TO 
THE TRANSPORTATION OF RAYON BETWEEN GREENSBORO AND 
BURLINGTON OVER U. S. HIGHWAY NO. 70. 

Order Approving Agreement 
Fredrickson Motor Express Corporation and Carolina Transportation Company, 
having entered into an agreement dated the 10th day of October, 1944, a copy of 
which is on file with the Commission in the above-entitled cause, to which said agree- 
ment reference is hereby made, by the terms of which Fredrickson Motor Express 
Corporation is permitted to operate in the transportation of rayon or rayon yarn in 
truck loads between Greensboro and Burlington over U. S. Highway No. 70, the 
franchise route of the Carolina Transportation Company, and the same having been 
considered by the Commission, 

It Is, Therefore, Ordered: 

1. That said agreement, be, and the same is hereby approved, and the said Fred- 
rickson Motor Express Corporation authorized to operate thereunder in the trans- 
portation of rayon or rayon yarns. 

2. That Fredrickson Motor Express Corporation dehver its franchise certificate 
to the Commission to the end that same may be amended by noting said agreement 
thereon. 

By Order of the N. C. Utilities Commission. 

This October 24th, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

R. O. Self, ChieJ Clerk. 

Docket No. 3194. 



i 



Decisions and Adjustments of Complaints 287 

L. F. BARNARD AND T. A. CLARKE, T/A GATE CITY TRANSIT LINES, 
GREENSBORO, NORTH CAROLINA. 

Order 

Whereas after application, notice and hearing, franchise certificates Nos. 538 
and 538-A were granted to L. F. Barnard and T. A. Clarke, T/A Gate City Transit 
Lines, of 108 North Davie Street, Greensboro, North Carolina, and 

Whereas the said partners have filed with this office an agreement and bill-of-sale 
made the 24th day of October, 1944, in which T. A. Clarke and wife, Marie W. Clarke, 
transfer all the rights, title and interest in and to the said bus business to L. F. Bar- 
nard, and the said dissolution of the partnership is made effective as of the close of 
business September 30, 1944. 

Mr. Welch Jordan, attorney for Mr, Barnard, has presented evidence that all the 
taxes have been paid and has filed a list of all liabifities of the partnership which are 
either to be paid by funds belonging to the partnership before dissolution, or shall be 
paid by Mr. Barnard; there, it is 

Ordered, that franchise certificates 538 and 538-A be amended so as to eliminate 
the name of T. A. Clarke therefrom, and it is 

Further Ordered, that Mr. L. F. Barnard be, and he is hereby, authorized to 
continue the operation of said business in accordance with the conditions of said 
certificate and the law; and it is 

Further Ordered, that said franchise certificates shall include the authorities 
granted in the orders in North Carolina Utilities Commission dockets Nos. 2719, 
2933, 2968, and if the operation under the temporary order in Docket No. 2719, which 
grants service from Greensboro to Alamance School (which has been discontinued by 
request) is reinstated, it shall also be included; and it is 

Further Ordered, that Mr. L. F. Barnard, T/A Gate City Transit Lines, or 
Mr. T. A. Clarke, retiring partner, whichever has the original franchise certificates 
named herein, shall deliver said original franchise certificates to this office in order 
that same may be amended in accordance with this order. 

This 15th day of November, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 2719. 

APPLICATION OF L. F. BARNARD, d/b/a GATE CITY TRANSIT LINES, 
GREENSBORO, N. C, FOR AUTHORITY TO TRANSPORT PASSENGERS 
OVER ROUTES IN AND AROUND GREENSBORO AS FOLLOWS: 
1. BEGIN IN PLEASANT GARDEN, N. C. (UNINCORPORATED), AT 
THE CORNER WHERE N. C. ROUTE NO. 22 TURNS EAST TO CLIMAX, 
AND FROM SAID BEGINNING POINT RUN NORTH (PASSING 
THROUGH THE PLEASANT GARDEN COMMUNITY) ON N. C. ROUTE 
NO. 22 (ALSO KNOWN AS THE GREENSBORO-PLEASANT GARDEN 
ROAD) 5.3 MILES TO THE INTERSECTION OF SAID N. C. ROUTE NO. 
22 WITH U. S. HIGHWAY NO. 421 (GREENSBORO-LIBERTY HIGHWAY); 
TURN LEFT ON SAID U. S. HIGHWAY NO. 421 AND RUN IN A NORTH- 
WESTERLY DIRECTION ALONG SAID U. S. HIGHWAY NO. 421 A DIS- 
TANCE OF ONE MILE TO THE SOUTHERN CITY LIMITS OF GREENS- 



288 N. C. Utilities Commission 

BORO, N. C. ; THENCE RUN IN A NORTHWESTERLY AND NORTHERLY 
DIRECTION ALONG ASHEBORO STREET (STILL U. S. HIGHWAY NO. 
421) IN SAID CITY OF GREENSBORO TO THE SOUTHEASTERN AP- 
PROACH TO THE MAIN DOWNTOWN UNDERPASS BENEATH THE 
MAIN LINE TRACKS OF THE SOUTHERN RAILWAY, PROCEED 
THROUGH SAID UNDERPASS AND TURN RIGHT INTO SOUTH DAVIE 
STREET AND RUN NORTH ON SOUTH DAVIE AND NORTH DAVIE 
STREET TO THE GATE CITY TRANSIT LINES PASSENGER BUS DE- 
POT AT 108 NORTH DAVIE STREET IN SAID CITY OF GREENSBORO, 
TRAVELING 2.3 MILES FROM SAID SOUTHERN CITY LIMITS (COR- 
PORATION LINE) OF GREENSBORO TO SAID BUS DEPOT; THENCE 
FROM SAID BUS DEPOT RUN NORTH ONE AND A HALF CITY BLOCKS 
ON NORTH DAVIE STREET TO CHURCH STREET AND RUN THENCE 
NORTHEASTERLY AND NORTHERLY ALONG CHURCH STREET TO 
EAST BESSEMER AVENUE, TURN LEFT AND RUN WEST THREE 
BLOCKS ON EAST BESSEMER AVENUE TO NORTH ELM STREET, 
TURN RIGHT AND RUN NORTH ONE BLOCK ON NORTH ELM STREET 
TO WENDOVER AVENUE, TURN LEFT ON WEST WENDOVER AVENUE 
AND RUN WESTERLY ALONG SAID AVENUE TO BATTLEGROUND 
AVENUE, TURN RIGHT ON SAID BATTLEGROUND AVENUE AND 
RUN NORTH ON SAID BATTLEGROUND AVENUE TO THE BEGIN- 
NING OF LAWNDALE DRIVE (AT THE JUNCTION OF SAID AVENUE 
AND DRIVE) AND RUN THENCE NORTHERLY ALONG SAID LAWN- 
DALE DRIVE TO THE NORTHERN CITY LIMITS (CORPORATION 
LINE) OF THE CITY OF GREENSBORO, A DISTANCE OF 3.7 MILES 
ALONG SAID CITY STREETS FROM SAID BUS DEPOT TO THE CITY 
LIMITS; THENCE CONTINUE IN A NORTHERLY AND NORTHWEST- 
ERLY DIRECTION ALONG LAWNDALE DRIVE EXTENSION (ALSO 
SOMETIMES KNOWN AS THE HILLSDALE ROAD) 2.3 MILES TO THE 
INTERSECTION OF SAID ROAD AND THE EASTERLY EXTENSION OF 
THE GUILFORD COLLEGE-GUILFORD BATTLEGROUND ROAD AND 
TURN LEFT INTO SAID GUILFORD COLLEGE-GUILFORD BATTLE- 
GROUND ROAD AND RUN IN A WESTERLY DIRECTION ALONG SAID 
ROAD THROUGH THE GUILFORD BATTLEGROUND PARK (GREENS- 
BORO COUNTRY PARK) A DISTANCE OF .8 OF A MILE TO THE IN- 
TERSECTION OF SAID ROAD AND THE GUILFORD BATTLEGROUND 
ROAD (FORMERLY U. S. HIGHWAY NO. 220); TURN RIGHT ON SAID 
GUILFORD BATTLEGROUND ROAD AND RUN NORTH THEREON 
FOR A DISTANCE OF .5 OF A MILE TO THE INTERSECTION OF SAID 
ROAD AND THE HILLSDALE ROAD; TURN RIGHT ON SAID HILLS- 
DALE ROAD (CROSSING THE OVERHEAD BRIDGE OVER THE A. & Y. 
RAILROAD TRACKS) AND RUN THENCE IN A NORTHERLY DIREC- 
TION ALONG SAID HILLSDALE ROAD A DISTANCE OF 2.6 MILES TO 
LAKE BRANDT; THENCE CONTINUING IN A NORTHERLY DIREC- 
TION ALONG SAID HILLSDALE ROAD 2.1 MILES TO HILLSDALE AT 
THE INTERSECTION OF SAID HILLSDALE ROAD AND N. C. TEMPO- 
RARY ROUTE NO. 150 (ALSO KNOWN AS THE SUMMERFIELD-BROWN 
SUMMIT ROAD); TURN LEFT ON SAID N. C. TEMPORARY ROUTE NO. 
150 AND RUN WEST THEREON A DISTANCE OF 2.9 MILES TO THE IN- 
TERSECTION OF SAID N. C. TEMPORARY ROUTE 150 WITH U. S. HIGH- 
. WAY NO. 220 AT THE SOUTHEASTERN EDGE OF SUMMERFIELD (UN- 



Decisions and Adjustments of Complaints 289 

INCORPORATED); TURN RIGHT ON U. S. HIGHWAY NO. 220 (ALSO IN 
THIS SECTOR A PORTION OF N. C. TEMPORARY ROUTE NO. 150) 
AND RUN THENCE IN A NORTHERLY DIRECTION ALONG SAID 
HIGHWAY AND THROUGH THE SUMMERFIELD COMMUNITY A 
DISTANCE OF 1.3 MILES TO THE INTERSECTION IN THE NORTHERN 
PART OF THE SUMMERFIELD COMMUNITY WHERE N. C. TEMPO- 
RARY ROUTE NO. 150 TURNS WEST OFF U. S. HIGHWAY NO. 220; THE 
SUMMERFIELD TERMINUS, AND RETURN BY THE SAME ROUTE 
FROM SUMMERFIELD (AND FROM STOKESDALE ON THOSE SCHED- 
ULES OPERATED TO THAT POINT) TO THE DEPOT AT 108 NORTH 
DAVIE STREET IN GREENSBORO; AND THENCE FROM SAID DEPOT 
ALONG THE AFORESAID ROUTE DESCRIBED IN THE FIRST PARA- 
GRAPH OF THIS ROUTE 1 TO THE PLEASANT GARDEN TERMINUS. 
2. BEGIN AT A POINT ON THE SUMNER SCHOOL ROAD (FORMERLY 
KNOWN AS THE OLD GREENSBORO-ASHEBORO HIGHWAY) ABOUT 
500 YARDS SOUTH OF SUMNER SCHOOL BUILDING, AT A ROAD FORK 
AND THE BEGINNING OF THE HARD SURFACE PAVEMENT OF SAID 
ROAD, AND RUN THENCE IN A NORTHEASTERLY DIRECTION 
ALONG SAID SUMNER SCHOOL ROAD 2.2 MILES TO THE INTERSEC- 
TION OF SAID ROAD WITH U. S. HIGHWAY NO. 220 (GREENSBORO- 
ASHEBORO HIGHWAY); TURN LEFT ON SAID U. S. HIGHWAY NO. 22^0 
AND RUN NORTH ALONG SAID HIGHWAY 2.5 MILES TO THE POINT 
WHERE FERTILIZER ROAD (ALSO KNOWN AS A.A.C. ROAD) INTER- 
SECTS SAID HIGHWAY; TURN RIGHT ON SAID FERTILIZER ROAD 
AND RUN THENCE EAST THEREON FIVE TENTHS (.5) OF A MILE TO 
SOUTH ELM STREET EXTENSION; TURN LEFT ON SOUTH ELM 
STREET EXTENSION AND RUN THENCE NORTH THEREON .6 OF A 
MILE, PASSING CARTER FABRICS MILL, TO THE SOUTHERN CITY 
LIMITS (CORPORATION LINE) OF THE CITY OF GREENSBOB-0; 
THENCE CONTINUE NORTH ON SOUTH ELM STREET IN SAID CITY 
OF GREENSBORO TO THE SOUTHWESTERN APPROACH TO THE MAIN 
DOWNTOWN UNDERPASS BENEATH THE MAIN LINE TRACKS OF 
THE SOUTHERN RAILWAY, PROCEED THROUGH SAID UNDERPASS 
AND TURN INTO SOUTH DAVIE STREET AND RUN NORTH ON SOUTH 
DAVIE AND NORTH DAVIE STREET TO THE GATE CITY TRANSIT 
LINES PASSENGER BUS DEPOT AT lOS NORTH DAVIE STREET IN 
SAID CITY OF GREENSBORO, TRAVELING 1.8 MILES FROM SAID 
SOUTHERN CITY LIMITS OF GREENSBORO TO SAID BUS DEPOT; 
THENCE FROM SAID BUS DEPOT RUN NORTH ONE AND A HALF 
CITY BLOCKS ON NORTH DAVIE STREET TO CHURCH STREET, 
THENCE NORTHERLY ONE BLOCK ON CHURCH STREET TO THE 
BEGINNING OF SUMMIT AVENUE, THENCE NORTHEAST AND 
NORTHERLY ON SUMMIT AVENUE AND SUMMIT AVENUE EXTEN- 
SION (U. S. HIGHWAY NO. 29) TO THE NORTHERNMOST CITY LIMITS 
(CORPORATION LINE) OF THE CITY OF GREENSBORO, A DISTANCE 
OF 3.4 MILES ALONG SAID CITY STREETS FROM SAID BUS DEPOT 
TO THE CITY LIMITS; THENCE CONTINUING NORTH ON U. S. HIGH- 
WAY NO. 29, 2.5 MILES TO THE INTERSECTION OF SAID HIGHWAY 
AND A SAND-CLAY ROAD KNOWN AS THE BRIGHTWOOD SCHOOL 
ROAD; TURN LEFT ON SAID BRIGHTWOOD SCHOOL ROAD AND RUN 
THENCE WESTWARDLY THEREON .6 OF A MILE TO BRIGHTWOOD 

19 



290 X. C. Utilities Commission 

SCHOOL, THE INTERSECTION OF SAID ROAD WITH LEE'S CHAPEL 
ROAD, A HARD SURFACE ROAD; TURN LEFT ON SAID LEE'S CHAPEL 
ROAD (ALSO SOMETIMES KNOWN AS THE WALLINGTON ROAD 
WEST OF ITS INTERSECTION WITH THE OLD YANCEYVILLE ROAD), 
AND RUN THENCE THEREON IN A SOUTHWESTERN DIRECTION, 
CROSSING THE MAIN LINE OF THE SOUTHERN RAILWAY UPON AN 
OVERHEAD BRIDGE, A DISTANCE OF 2.3 MILES TO THE INTERSEC- 
TION OF SAID ROAD WITH CHURCH STREET EXTENSION (ALSO 
KNOWN LOCALLY AS THE HAM TOWN ROAD), NEAR THE JESSE 
WHARTON SCHOOL; TURN LEFT ON SAID CHURCH STREET EXTEN- 
SION AND RUN THEREON IN A SOUTHERLY DIRECTION 1.2 MILES 
INTO HAM TOWN AT THE INTERSECTION OF SAID CHURCH STREET 
EXTENSION WITH FIELD STREET AT THOMPSON GROCERY, THE 
HAM TOWN TERMINUS OF SAID ROUTE; AND RETURN BY THE 
SAME ROUTE FROM HAM TOWN TO THE DEPOT AT 108 NORTH 
DAVIE STREET IN GREENSBORO; AND THENCE FROM SAID DEPOT 
ALONG THE AFORESAID ROUTE DESCRIBED IN THE FIRST PARA- 
GRAPH OF THIS ROUTE 2 TO THE SUMNER SCHOOL TERMINUS. 

3. BEGIN AT THE GATE CITY TRANSIT LINES BUS DEPOT AT 108 
NORTH DAVIE STREET IN GREENSBORO AND RUN THENCE SOUTH 
ON NORTH DAVIE AND SOUTH DAVIE STREET TO EAST WASHING- 
TON STREET, TURN LEFT ON EAST WASHINGTON AND RUN THENCE 
THEREON EAST TO McCONNELL STREET, THENCE SOUTHEAST ON 
McCONNELL STREET TO McCONNELL ROAD, THENCE EAST ON 
McCONNELL ROAD TO TFIE EASTERN CITY LIMITS (CORPORATION 
LINE) OF THE CITY OF GREENSBORO, A DISTANCE OF 1.9 MILES 
ALONG SAID CITY STREETS FROM SAID BUS DEPOT TO THE CITY 
LIMITS; THENCE CONTINUE EAST ON SAID McCONNELL ROAD 1.1 
MILES TO THE INTERSECTION OF SAID McCONNELL ROAD AND 
FRANKLIN BOULEVARD; TURN LEFT ON FRANKLIN BOULEVARD 
AND RUN THENCE THEREON NORTH 1.4 MILES TO THE INTER- 
SECTION OF SAID FRANKLIN BOULEVARD AND U. S. HIGHWAY NO. 
70, IN FRONT OF THE GUILFORD COUNTY HOME; TURN RIGHT ON 
U. S. HIGHWAY NO. 70 (GREENSBORO-BURLINGTON HIGHWAY) 
AND RUN THENCE THEREON EAST 3.2 MILES TO THE INTERSEC- 
TION OF SAID HIGHWAY AND THE McLEANSVILLE ROAD; BEAR 
LEFT ON SAID McLEANSVILLE ROAD AND RUN THENCE THEREON 
IN A NORTHEASTERLY DIRECTION 2.2 MILES TO McLEANSVILLE 
AT THE INTERSECTION WHERE THE GIBSONVILLE ROAD TURNS 
EAST NEAR THE McLEANSVILLE POST OFFICE, THE McLEANSVILLE 
TERMINUS OF THE ROUTE; AND RETURN BY THE SAME ROUTE 
TO THE DEPOT AT 108 NORTH DAVIE STREET. 

4. BEGIN AT THE GATE CITY TRANSIT LINES BUS DEPOT AT 108 
NORTH DAVIE STREET IN GREENSBORO AND RUN THENCE NORTH 
ONE AND A HALF CITY BLOCKS ON NORTH DAVIE STREET TO 
CHURCH STREET, THENCE NORTHERLY ONE BLOCK ON CHURCH 
STREET TO THE BEGINNING OF SUMMIT AVENUE THENCE NORTH- 
EAST ON SUMMIT AVENUE, PASSING THE O.R.D. ARMY CAMP, TO 
THE INTERSECTION OF SUMMIT AVENUE AND TEXTILE DRIVE, 
TURN RIGHT ON TEXTILE DRIVE AND RUN EASTERLY THEREON 
TO THE EASTERN CITY LIMITS (CORPORATION LINE) OF THE CITY 



I 



Decisions and Adjustments of Complaints 291 

OF GREENSBORO, A DISTANCE OF 2.6 MILES ALONG SAID CITY 
STREETS FRO:\I SAID BUS DEPOT TO THE CITY LIMITS; THENCE 
CONTINUING EAST ON TEXTILE DRIVE (NOW A DIRT STREET) 
ABOUT TWO TENTHS (.2) OF A MILE TO CONCORD AVENUE, ALSO A 
DIRT STREET; TURN LEFT ON CONCORD AVENUE AND RUN NORTH 
THEREON ABOUT .3 OF A MILE TO PHILLIPS AVENUE (PAVED); 
TURN RIGHT ON SAID PHILLIPS AVENUE AND RUN IN AN EASTERLY 
DIRECTION THEREON .6 OF A MILE TO THE INTERSECTION OF SAID 
PHILLIPS AVENUE WITH ELWELL AVENUE (PAVED) IN THE BESSE- 
MER COMMUNITY; TURN RIGHT ON ELWELL AVENUE AND RUN 
SOUTH THEREON .3 OF A MILE TO ITS INTERSECTION WITH PETER- 
SON AVENUE (A DIRT STREET); TURN LEFT ON PETERSON AVENUE 
AND RUN EAST THEREON .3 OF A MILE TO HUFFINE MILL ROAD 
(PA\TED); TURN LEFT ON HUFFINE MILL ROAD AND RUN THENCE 
NORTHEASTERLY AND EATSERLY THEREON 3.2 MILES TO THE 
FORK OF SAID HUFFINE MILL ROAD AND A SAND-CLAY ROAD 
WHICH BRANCHES OFF TO THE RIGHT TO McLEANSVILLE, THE 
EASTERN TER.MINUS OF THIS ROUTE BEING SAID ROAD FORK; 
AND RETURN BY THE SAME ROUTE TO THE DEPOT AT 108 NORTH 
DAVIE STREET. 

Order 

Before Commissioners Winborne and Johnson. 

Appearances: For the Applicant: 

Julius C. Smith and Welch Jordan, Greensboro, N. C. 

For the Protestant: 

Arch T. Allen, Raleigh, N. C, for Carolina Coach Company. 

Johnson, Commissioner: 

This cause coming on for hearing at the Commission's Hearing Room in Raleigh, 
N. C, on the 23rd day of May, 1946, before Commissioners Winborne and Johnson, 
upon the apphcation for motor vehicle franchise rights to transport passengers over 
the streets and highways named in the caption. The facts found from the testimony 
are as follows: 

The Applicant, L. F. Barnard, d/b/a Gate City Transit Lines, Greensboro, X. C, 
has been operating over the routes set out in the caption for several years under 
War Emergency Authority. At the present time the Applicant is handling approx- 
imately eighty to ninety thousand passengers per month. No other common car- 
rier serves the routes applied for. 

The territory which the Applicant now serves and which the application covers is a 
highly industrialized section of the State and the service now being rendered to the 
mill workers is very essential, and from the evidence the Commission finds that service 
heretofore rendered has been very satisfactory. 

Convenience and necessity having been found; 

It Is, Therefore, Ordered, That the application of L. F. Barnard, d/b/a Gate 
City Transit Lines, Greensboro, N. C, for authority to transport passengers over 
the following routes in and around Greensboro be, and the same is, hereby granted: 

1. Begin in Pleasant Garden, N. C. (unincorporated), at the corner where X. C. 
Route No. 22 turns east to Climax, and from said beginning point run north (passing 
through the Pleasant Garden community) on N. C. Route No. 22 (also known as the 
Greensboro-Pleasant Garden Road) 5.3 miles to the intersection of said N. C. Route 



292 N. C. Utilities Commission 

No. 22 with U. S. Highway No. 421 (Greensboro-Liberty Highway); turn left on 
said U. S. Highway No. 421 and run in a northwesterly direction along said U. S. 
Highway No. 421 a distance of one mile to the southern city hmits of Greensboro, 
N. C.; thence run in a northwesterly and northerly direction along Asheboro Street 
(still U. S. Highway No. 421) in said City of Greensboro to the southeastern approach 
to the main downtown underpass beneath the main line tracks of the Southern Rail- 
way, proceed through said underpass and turn right into South Davie Street and run 
north on South Davie and North Davie Street to the Gate City Transit Lines pas- 
senger bus depot at 108 North Davie Street in said City of Greensboro, traveling 2.3 
miles from said southern city hmits (corporation line) of Greensboro to said bus de- 
pot; thence from said bus depot run north one and a half city blocks on North Davie 
Street to Church Street and run thence northeasterly and northerly along Church 
Street to East Bessemer Avenue, turn left and run west three blocks on East Bessemer 
Avenue to North Elm Street, turn right and run north one block on North Elm 
Street to Wendover Avenue, turn left on West Wendover Avenue and run westerly 
along said Avenue to Battleground Avenue, turn right on said Battleground Avenue 
and run north on said Battleground Avenue to the beginning of Lawndale Drive (at 
the junction of said Avenue and Drive) and run thence northerly along said Lawn- 
dale Drive to the northern city hmits (corporation line) of the Citj^ of Greensboro, a 
distance of 3.7 miles along said city streets from said bus depot to the city limits; 
thence continue in a northerly and northwesterly direction along Lawndale Drive 
Extension (also sometimes known as the Hillsdale Road) 2.3 miles to the intersection 
of said road and the easterly extension of the Guilford College-Guilford Battleground 
Road and turn left into said Guilford College-Guilford Battleground road and run 
in a westerly direction along said Road through the Guilford Battleground Park 
(Greensboro Country Park) a distance of .8 of a mile to the intersection of said Road 
and the Guilford Battleground Road (formerly U. S. Highway No. 220); turn right 
on said Guilford Battleground Road and run north thereon for a distance of .5 of a 
mile to the intersection of said Road and the Hillsdale Road; turn right on said Hills- 
dale Road (crossing the overhead bridge over the A. & Y. Railroad tracks) and run 
thence in a northerly direction along said Hillsdale Road a distance of 2.6 miles to 
Lake Brandt; thence continuing in a northerly direction along said Hillsdale Road 
2.1 miles to Hillsdale at the intersection of said Hillsdale Road and N. C. Temporary 
Route No. 150 (also known as the Sumerfield-Brown Summit Road); turn left on 
said N. C. Temporary Route No. 150 and run west thereon a distance of 2.9 miles to 
the intersection of said N. C. Temporary Route 150 with U. S. Highway No. 220 
at the southeastern edge of Summerfield (unincorporated) turn right on U. S. High- 
way No. 220 (also in this sector a portion of N. C. Temporary Route No. 150) and 
run thence in a northerly direction along said highway and through the Summerfield 
community a distance of 1.3 miles to the intersection in the northern part of the 
Summerfield community where N. C. Temporary Route No. 150 turns west off U. S. 
Highway No. 220; the Summerfield terminus, and return by the same route from 
Summerfield (and from Stokesdale on those schedules operated to that point) to the 
depot at 108 North Davie Street in Greensboro; and thence from said depot along 
the aforesaid route described in the first paragraph of this Route 1 to the Pleasant 
Garden terminus. 

2. Begin at a point on the Sumner School Road (formerly known as the old Greens- 
boro-Asheboro Highway) about 500 yards south of Sumner School Building, at a 
road fork and the beginning of the hard surface pavement of said road, and run 
thence in a northeasterly direction along said Sumner School Road 2.2 miles to the 
intersection of said Road with U. S. Highway No. 220 (Greensboro- Asheboro High- 



Decisions and Adjustments of Complaints 293 

way); turn left on said U. S. Highway No. 220 and run north along said Highway 2.5 
miles to the point where FertiHzer Road (also known as A.A.C. Road) intersects 
said Highway; turn right on said Fertilizer Road and run thence east thereon five 
tenths (.5) of a mile to South Elm Street Extension; turn left on South Elm Street 
Extension and run thence north thereon .6 of a mile, passing Carter Fabrics Mill, to 
the southern city limits (corporation line) of the City of Greensboro; thence con- 
tinue north on South Elm Street in said City of Greensboro to the southwestern ap- 
proach to the main downtown underpass beneath the main line tracks of the Southern 
Railway, proceed through said underpass and turn into South Davie Street and run 
north on South Davie and North Davie Street to the Gate City Transit Lines pas- 
senger bus depot at 108 North Davie Street in said City of Greensboro, traveling 1.8 
miles from said southern city Umits of Greensboro to said bus depot; thence from 
said bus depot run north one and a half city blocks on North Davie Street to Church 
Street, thence northerly one block on Church Street to the beginning of Summit 
Avenue, thence northeast and northerly on Summit Avenue and Summit Avenue 
Extension (U. S. Highway No. 29) to the northernmost city limits (corporation line) 
of the City of Greensboro, a distance of 3.4 miles along said city streets from said bus 
depot to the city limits; thence continuing north on U. S. Highway No. 29 2.5 miles 
to the intersection of said Highway and a sand-clay road known as the Brightwood 
School Road; turn left on said Brightwood School Road and run thence westwardly 
thereon .6 of a mile to Brightwood School, the intersection of said Road with Lee's 
Chapel Road, a hard surface road; turn left on said Lee's Chapel Road (also some- 
times known as the Wallington Road west of its intersection with the old Yancey- 
ville Road), and run thence thereon in a southwestern direction, crossing the main 
line of the Southern Railway upon an overhead bridge, a distance of 2.3 miles to the 
intersection of said Road with Church Street Extension (also known locally as the 
Ham Town Road), near the Jesse Wharton School; turn left on said Church Street 
Extension and run thereon in a southerly direction 1.2 miles into Ham Town at the 
intersection of said Church Street Extension with Field Street at Thompson Grocery, 
the Ham Town terminus of said route; and return by the same route from Ham Town 
to the depot at 108 North Davie Street in Greensboro; and thence from said depot 
along the aforesaid route described in the first paragraph of this Route 2 to the Sum- 
ner School terminus. 

3. Begin at the Gate City Transit Lines bus depot at 108 North Davie Street in 
Greensboro and run thence south on North Davie and South Davie Street to East 
Washington Street, turn left on East Washington and run thence thereon east to 
McConnell Street, thence southeast on McConneil Street to McConnell Road, thence 
east on McConnell Road to the eastern city limits (corporation line) of the City of 
Greensboro, a distance of 1.9 miles along said city streets from said bus depot to the 
city limits; thence continue east on said McConnell Road 1.1 miles to the intersection 
of said McConnell Road and Franklin Boulevard; turn left on Franklin Boulevard 
and run thence thereon north 1.4 miles to the intersection of said Franldin Boulevard 
and U. S. Highway No. 70, in front of the Guilford County Home; turn right on U. S. 
Highway No. 70 (Greensboro-BurUngton Highway) and run thence thereon east 3.2 
miles to the intersection of said highway and the McLeansville Road; bear left on 
said McLeansville Road and run thence thereon in a northeasterly direction 2.2 
miles to McLeansville at the intersection where the Gibsonville Road turns east near 
the McLeansville Post Office, the McLeansville terminus of the route; and return 
by the same route to the depot at 108 North Davie Street. 

4. Begin at the Gate City Transit Lines bus depot at 108 North Davie Street in 
Greensboro and run thence north one and a half city blocks on North Davie Street to 



294 N. C. Utilities Commission 

Church Street, thence northerly one block on Church Street to the beginning of 
Summit Ai^^enue, thence northeast on Summit Avenue, passing the O. R. D. Army 
Camp, to the intersection of Summit Avenue and Textile Drive, turn right on Tex- 
tile Drive and run easterly thereon to the eastern city limits (corporation line) of the 
City of Greensboro, a distance of 2.6 miles along said city streets from said bus depot 
to the city limits; thence continuing east on Textile Drive (now a dirt street) about .2 
of a mile to Concord Avenue, also a dirt street; turn left on Concord Avenue and run 
north thereon about .3 of a mile to Phillips Avenue (paved); turn right on said Phil- 
lips Avenue and run in an easterly direction thereon .6 of a mile to the intersection of 
said Phillips Avenue with Elwell Avenue (paved) in the Bessemer Community; turn 
right on Elwell Avenue and run south thereon .3 of a mile to its intersection with Pe- 
terson Avenue (a dirt street); turn left on Peterson Avenue and run east thereon .3 of 
a mile to Huffine Mill Road (paved); turn left on Huffine Mill Road and run thence 
northeasterly and easterly thereon 3.2 miles to the fork of said Huffine Mill Road and 
a sand-clay road which branches off to the right to McLeansville, the eastern terminus 
of this route being said road fork; and return by the same route to the depot at 108 
North Davie Street. 

That the rights herein granted to said Applicant shall be held and exercised sub- 
ject to the right of the governing bodies of Greensboro and any or all other incorpo- 
rated cities or towns served by the application to change or designate routes and 
stops within the corporate limits of their respective cities as they may find the con- 
dition of streets, congestion of traffic, safety and other necessary police regulations 
to require. 

That a certificate be issued when the Apphcant has complied with all the rules, 
regulations and requirements of this Commission. 

This 8th day of July, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief ClerJ:. 

Docket No. 3494. 

STATE OF NORTH CAROLINA ON THE RELATION OF THE NORTH 
CAROLINA UTILITIES COMMISSION vs. GEORGIA MOTOR EXPRESS, 
INC., ATLANTA, GEORGIA. 

Order 

To: Georgia Motor Express, Inc., 561 North Avenue, N. W., Atlanta, 
Georgia, 

You are hereby directed to appear before the North Carolina Utilities Commission 
at its office in the City of Raleigh at 2:30 o'clock P. M. on Monday, the 26th day of 
November, 1945, and show cause, if any you have, why your Franchise Certificate 
No. 421 and all rights and privileges thereunder should not be revoked: 

For failure to comply with the law and the rules and regulations of the Utilities 
Commission, and particularly for failure to apply for and obtain a renewal of your 
franchise certificate within reasonable time after notice, and also for failure to register 
your equipment with the Commission annually and to procure annual license tags 
and pay franchise taxes, as required by law. 

You will further take notice that upon your failure to appear and show cause, as 



DeCISIOXs AXD AD.irSTMEXT.-- OF COMPLAIXT? 205 

herein directed, the Commission will take such action in the premises as in its judg- 
ment the law and the facts require. 

Issued by Order of the North CaroHna Utilities Commission. 
This the 9th day of November, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Huxter, Commissioner. 
Attest: 

Charles Z. Flack, CJiief Clerk. 

Docket No. 3432. 



IN THE MATTER OF INTRASTATE FRANCHISE RIGHTS OF GEORGIA 
^lOTOR EXPRESS, INC. 

Order 

Hunter, Commissioner: Under date of November 9, 1945, the Commission issued 
an order in this cause directing the Georgia ]\Iotor Express, Inc., respondent, to ap- 
pear before the Commission on November 26, 1945 and show cause, if any, why its 
intrastate franchise certificate No. 421 should not be revoked for failure to comply 
M'ith the law and the rules and regulations of the Utilities Commission, and particu- 
larly for failure to apply for and obtain a renewal of its franchise certificate, and for 
failure to register its equipment with the Commission annually, and procure annual 
license tags and pay franchise taxes, as required by law. 

At the request of the respondent, the matter was continued and came on for hear- 
ing December 27, 1945. The respondent did not appear at the hearing, but was rep- 
resented by its attorney, Mr. R. S. Jones of Frankhn, North Carolina. 

Mrs. Mable Hatch, in charge of collection of motor carrier franchise taxes for the 
Department of Motor Vehicles, testified that the respondent did not purchase North 
Carohna license tags for 1944 or 1945, as required by law: that the respondent re- 
ported and paid what purported to be six per cent of its gross revenue on business 
done in North Carolina, which includes the price or depasit which should have been 
made in advance for license tags. It appears from the records of the Department of 
Motor \'ehicles that the respondent was almost continuoush' dehnguent in the pa}-- 
ment of franchise taxes. It further appears from the testimonj^ of ]Mrs. Hatch that 
repeated letters from the Department of Motor Vehicles to the respondent relating 
to the listing of its equipriient and the purchase of license tags therefor received no 
response from the respondent. 

The Commission read into the record copies of the letters to the respondent leading 
up to the show cause order mentioned above, said letters being as follows: 

February 9, 1945 
Georgia Motor Express, Inc., 
10 Krog Street, N. E., 
Atlanta, Georgia. 

Gentlemen: 

Your Franchise Certificate No. 421 expired on December 28, 1944. We sent you 
application for renewal of this certificate on December 19, and again on Januan' 11, 
but up to this time we have not heard from you. 
We are enclosing the third application for renewal of this certificate and if you wish 



296 N. C. Utilities CoM^nsBiON 

to have same renewed please return this apphcation at once, giving the information 

required. 

If you do not wish to have your certificate renewed please advise. 

Yours very truly, 
Charles Z. Flack, 

F-S Chief Clerk. 

Enc. 

June 5, 1945 
Georgia Motor Express, Inc., 
10 Krog Street, N. E., 
Atlanta, Ga. 

Gentlemen: 

You are aware that your Franchise Certificate No. 421, expired December 28, 1944. 
On three different dates we mailed you applications for renewal of this certificate but 
as yet we have not heard from you. 

We are enclosing the fourth application for renewal and if you wish to have your 
certificate renewed please return this apphcation with the information requested 
therein, together with your check to cover amount due, which is twenty-five cents on 
each piece of equipment in operation at the time of renewal. If we do not hear from 
you by June 11, we shall take it for granted that you do not wish to renew this cer- 
tificate and shall advise the Motor Vehicle Bureau to this effect. 

Yours very truly, 
Charles Z. Flack, 
F-S Chief Clerk. 

Enc. 



June 20. 1945 



Georgia Motor Express, Inc., 10 Krog Street, N. E., 
Atlanta, Ga. 



Gentlemen: 

Under date of June 11, we received a telegram stating that apphcation for renewal of 
your Franchise Certificate No. 421 was being prepared and would be forwarded to 
this office immediately. Up to this time we have not received this apphcation. 
Please give this your prompt attention and see that this application is forwarded to 
this office just as soon as possible. 

Yours very truly, 
Charles Z. Flack, 
F-S Chief Clerk. 

July 18, 1945 
Georgia Motor Express, Inc., 
10 Krog Street, N. E., 
Atlanta, Ga. 

Gentlemen : 

We have not as yet received apphcation for renewal of your Franchise Certificate 
No. 421, although we have a telegram from you stating that your apphcation was 



Decisions and Adjustments of Complaints 297 

being prepared; therefore, unless we hear from you by return mail your franchise 
rights will be cancelled and the Motor Vehicle Bureau advised to this efifect. 

Yours very truly, 
Chables Z. Flack, 
F-S Chief Clerk. 

October 4, 1945 
Georgia Motor Express, Inc., 
10 Krog Street, N. E., 
Atlanta, Ga. 

Gentlemen : 

You were mailed application for renewal of your franchise certificate December 19, 
1944, January 11, 1945 and again reminded June 5, June 20 and July 18 that your 
certificate Expired December 19, 1944. 

The Commission is in receipt of a notice cancelling your insurance October 26. 
This is to advise that unless you renew your certificate and provide insurance as re- 
quired by October 25, that your franchise will be cancelled. 

Sincerely yours, 
Charles Z. Flack, 
CZF/sm ^ Chief Clerk. 

The Commission finds from its records and from the records of the Department 
of Motor Vehicles, offered in evidence, that the respondent has continuously violated 
the law relating to motor carriers and the administrative rules and regulations of the 
Commission and the Department of Motor Vehicles with respect thereto, and to this 
date has failed to show the reason and excuse therefor. 

It Is, Therefore, Ordered: 

1. That franchise certificate No. 421 issued to Georgia Motor Express, Inc., and 
any and all rights and privileges thereunder, be, and the same is, hereby revoked. 

2. That the respondent, Georgia Motor Express, Inc., its agents, servants and 
employees immediately cease and desist from further operations over the public 
highways of North Carolina in the transportation of intrastate shipments for com- 
pensation. 

3. That a copy of this order be served on the respondent by registered mail with a 
Post Office return receipt requested. 

By Order of the N. C. Utilities Commission. 

This the 5th day of February, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3432. 



298 N. C. Utilities Commission 

APPLICATION OF C. C. ROBERTS AND C. G. ROGERS, d/b/a GEORGIA- 
CAROLINA FREIGHT LINES, FOR CERTIFICATE AUTHORIZING THE 
TRANSPORTATION OF FREIGHT FROM THE NORTH CAROLINA- 
GEORGIA STATE LINE OVER N. C. HIGHWAY 69 TO HAYESVILLE; 
THENCE, OVER U. S. FIIGHWAY 64 TO MURPHY. 

Order 

Appearances: For Applicant: 

T. A. Uzzell, Jr., Asheville, N. C, C. E. Hyde, Murphy, N. C. 

Hunter, Commissioner: The application set out in the caption came on for hear- 
ing and was heard without protest or opposition at Asheville on June 7, 1946. 

The testimony tends to show that the route set out in the application and de- 
scribed in the caption traverses an area between Murphy and the Georgia state line 
that is not presently served by any freight motor carrier, and that the proposed 
service is needed and will be in the public interest, and that the applicants have the 
financial means, experience, and are otherwise qualified to perform the service in a 
satisfactory manner. 

It further appears that the applicants have applied for and obtained from the 
Georgia Public Service Commission operating rights to transport freight by motor 
vehicle from the terminus of the route described in the application to Atlanta, Geor- 
gia, and that said applicants are prosecuting an application before the Interstate 
Commerce Commission for interstate authority to transport freight by motor ve- 
hicle between Murphy and Atlanta, which, in the opinion of the Commission, makes 
the operation involved in the instant application feasible. 

It Is Therefore Ordered : 

1. That the apphcation of C. C. Roberts and C. G. Rogers, partners d/b/a Geor- 
gia-Carolina Freight Lines, of Murphy, North CaroUna, for a certificate authorizing 
the transportation of freight from the North Carolina-Georgia state line over N. C. 
Highway 69 to Hayesville; thence over U. S. Highway 64 via Brasstown to Murphy, 
and return over same route be and same is hereby granted. 

2. That a proper certificate be issued to said applicants upon compliance by them 
with the rules and regulations of the Commission, particularly with respect to filing 
with the Commission a proper description of each motor vehicle to be used in said 
operation, together with acceptable insurance covering the same, and the pubUca- 
tion of their tariff. 

Issued by order of the Commission this 20th day of June, 1946. 

Stanley Winborne, Chairmaji 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3565. 

APPLICATION OF GILLIKIN BUS SERVICE FOR AUTHORITY TO TRANS- 
PORT PASSENGERS OVER VARIOUS HIGHWAYS FROM MOREHEAD 
CITY SERVING ATLANTIC BEACH, FORT MACON, SALTER PATH, 
LENNOXVILLE, NEWPORT, HARLOWE, CHERRY POINT AND OTWAY. 
COMPLAINT OF GILLIKIN BUS SERVICE ALLEGING THAT THE SEA- 
SHORE TRANSPORTATION COMPANY HAD FORFEITED ITS FRAN- 



Decisions and Adjustments of Complaints 299 

CHISE FROM MOREHEAD CITY TO ATLANTIC BEACH BY FAILURE 
TO OPERATE FOR MORE THAN THIRTY DAYS, AND 
APPLICATION OF SEASHORE TRANSPORTATION COMPANY FOR 
AUTHORITY TO OPERATE FROM MOREHEAD CITY TO ATLANTIC 
BEACH AND FORT MACON, IF THE COxMMISSION SHOULD FIND 
THAT ITS FRANCHISE HERETOFORE GRANTED HAD BEEN FOR- 
FEITED AS ALLEGED IN DOCKET NO. 357L 

Order 

Appearances: 

A. L. Hamilton, Morehead City, N. C. / ^.„., . ^ ^ . 
Smith, Leach & Anderson, Raleigh, N. C. { ^^illikin Bus Service 
D. L. Ward, New Bern, N. C, for Seashore Transportation Company 

George W. Ball, Morehead City, N. C, for George W. Smith. 

VviNBORNE, Chairman: 

The above three Dockets were by consent consolidated and heard by the full 
Commission on May 3, 1946, in the hearing Room in the City of Raleigh. 

It appeared from the testimony that Gillikin Bus Service has an intracity franchise 
in Beaufort, Morehead City and Atlantic Beach, and that there is less than two miles 
distance between each of said points. In accordance with the rulings of the Com- 
mission over a long period of time, a bus company holding an intracity franchise is 
authorized to extend its operation for a distance of one mile from the city limits, 
which would give to the Gillikin Bus Service, without a franchise from this Commis- 
sion, that right to extend its operation one mile from Beaufort, one mile from More- 
head City and one mile from Atlantic Beach, thereby serving the three said towns. 

The Commission further finds as a fact from the evidence presented at the hearing 
that public convenience and necessity has been shown by the Gillikin Bus Service 
to serve Salter Path in order that a number of workers residing there and in the 
neighborhood may be transported to and from work in Morehead City and Beaufort. 
Salter Path is a small fishing village on Bogue Banks and lies on Bogue Sound to the 
north and on the Atlantic Ocean to the south; it is situate on Bogue Banks as afore- 
said about half way between Beaufort Inlet at Fort Macon and Bogue Inlet across 
from Swansboro, N. C, a distance of about twelve miles from Bogue Inlet. The 
franchise to provide service to Salter Path is authorized upon the understanding 
that it shall not be used to prohibit George W. Smith from carrying passengers to and 
from work along with his mail from Salter Path to Morehead City. The said Smith 
has afforded a much needed service for many years when there was no other service 
available, and the Commission feels that he should be allowed to continue this service. 

The Commission finds as a fact that public convenience and necessity has not been 
shown for the authorization of service by the Gillikin Bus Service to Lennoxville, 
Newport, Harlowe, Cherry Point and Otway, as all these towns and localities are in 
the territory now served by the Seashore Transportation Company, which company 
will soon have a surplus of equipment with which ample and adequate service can be 
provided for all of said towns and communities. There is no reason, however, why 
the Gillikin Bus Service cannot transport bona fide workers to mills and factories 
under contract without a franchise. 

As to the complaint of the GiUikin Bus Service that the Seashore Transportation 
has forfeited its franchise from Morehead City to Atlantic Beach and Fort Macon 
for cessation of operation for a period of more than thirty days, and as to the applica- 
tion of the Seashore Transportation Company for authority to operate from More 
head City to Atlantic Beach and Fort Macon, if the Commission should find tha . 



300 N. C. Utilities Commission 

said franchise has been forfeited, the Commission finds as a fact that there is some 
doubt, under the O. D. T. orders and military regulations as to the use of the bridge 
between Morehead City and Atlantic Beach, whether the said cessation of service 
on the part of the Seashore Transportation Company was voluntary. However, if 
said cessation of operation was voluntary, the Commission is of the opinion that it 
would be unduly inconvenient for the traveling public going and coming from all 
parts of the state to Atlantic Beach and Fort Macon to be required to change buses 
at Morehead City from the Seashore Transportation Company to the Gillikin Bus 
Service, and it therefore finds as a fact that public convenience and necessity has 
been shown for the operation by the Seashore Transportation Company for service 
as heretofore authorized from Morehead City to Atlantic Beach and Fort Macon 

Wherefore It Is Ordered : 

1st. That the Gillikin Bus Service can maintain and continue its operation be- 
tween Beaufort, Morehead City and Atlantic Beach without a franchise from this 
Commission. 

2nd. That a franchise be issued to the Gillikin Bus Service to extend its service 
to Salter Path. 

3rd. That the application of the Gillikin Bus Service for authority to serve Len- 
noxville, Newport, Harlowe, Cherry Point and Otway be and the same is hereby 
denied. 

4th. That the Seashore Transportation Company be granted a franchise to 
operate from Morehead City to Atlantic Beach and Fort Macon. 

That the said franchise certificates above authorized shall be issued upon compli- 
ance with the rules and regulations of this Commission. 

This the 22nd day of July, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Dockets Nos. 3470, 3571, 3596. 

APPLICATION OF GOLDSBORO TRANSPORTATION COMPANY FOR A 
CERTIFICATE AUTHORIZING THE TRANSPORTATION OF PASSEN- 
GERS BETWEEN SELMA AND SMITHFIELD. 

Order 
Appearances: For Applicant: 

W. Frank Taylor, Attorney, Goldsboro, North Carolina. 

For Protestants: 

Arch T. Allen, Attorney, Raleigh, North Carohna, for Carolina 
Coach Company; I. M. Bailey, Attorney, Raleigh, North 
Carolina, for Atlantic Greyhound Corporation. 

Hunter, Commissioner: This application came on for hearing in Raleigh on 
June 27, 1946, for a certificate of public convenience and necessity to transport pas- 
sengers, their baggage, mail, and light express in the same vehicle with passengers, 
from Selma to Smithfield and return, over U. S. Highway 301, serving all intermedi- 
ate points. 

The applicant now holds Certificate No. 552, issued by the Commission, under 
date of August 31, 1943, in Docket No. 2620, authorizing passenger bus service be- 



Decisions and Adjustments of Complaints 301 

tween Goldsboro and Seymour Johnson Field. The applicant also operates in the 
city of Goldsboro under rights granted by said city and has arranged with the cities 
of Selma and Smithfield for local city bus service over the streets of said cities. The 
appHcant has fourteen buses, the seating capacity of which range from twenty-one 
to thirty-three passengers, and five of these buses are now available for service in 
Selma, Smithfield, and' between said cities over the proposed route. 

Both Atlantic Greyhound Corporation and Carolina Coach Company, protestants, 
operate between and through Selma and Smithfield over the identical route proposed 
in this application. The schedules between said points are all through schedules 
which originate and terminate at more distant points and are necessarily timed to 
accommodate the greatest possible number of passengers along their entire routes, 
and their buses are sometimes loaded to capacity with through passengers. 

The application was well supported by the testimony of local citizens, whose 
testimony was to the effect that the local service, such as is proposed by the applicant 
in conjunction with city service in the two cities, is greatly needed and will be used 
by local people, generally, if the service is authorized. It also appears from the 
testimony that the cities of Selma and Smithfield are so closely connected geo- 
graphical and commercial that the through service provided by protestants is not 
adequate or suited to local needs for bus service between and within the said two' 
cities. 

Upon consideration of all the testimony, the Commission find public convenience 
and necessity for their service proposed, and further finds that the apphcant has 
the experience, the equipment, the financial means, and is otherwise quahfied to 
perform the proposed service. 

It Is, Therefore, Ordered: 

1. That the application of Goldsboro Transportation Company for a certificate 
authorizing the transportation of passengers, baggage, mail, and fight express in the 
same vehicle from Selma to Smithfield and return, over U. S. Highway 301, be, and 
the same is hereby, granted, and that the appHcant's existing Certificate No. 552 
be amended to include the route above set out, service to begin when the apphcant 
shall have pubhshed its tariff and filed copy of same with the Commission. 

Issued by order of the Commission. 

This 18th day of July, 1946. 

Stanley Winborne, Chairman. 
Fred C. Hunter, Commissioner. 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, ChieJ Clerk. 

Docket No. 3576. 

APPLICATION FOR APPROVAL OF SALE OF OPERATING RIGHTS AND 
PROPERTY OF J. M. GOLDSTON, d/b/a GOLDSTON MOTOR EXPRESS 
TO GOLDSTON MOTOR EXPRESS, INC. 

Order 
It appearing from the appfication in this cause that J. M. Goldston, d/b/a Gold- 
ston Motor Express, owner of intrastate franchise certificate No. 402, as vendor 
and G. E. McDaniel, T. P. Van Noppen, G. H. Sharp, and J. R. Brown, Jr., as ven- 
dees, have entered into an agreement, a copy of which has been filed with the Com- 
mission and which provides, among other things, for sale by said vendor of his fran- 
chise rights under said certificate, goodwill, equipment, trucks, trailers, tractors 



302 X. C. Utilities Commission 

real estate, and all other property belonging to said transportation business, includ- 
ing interstate operating rights, to the said vendees for the sum of $142,000, of which 
$40,000 is to be paid upon the consummation of said sales agreement, and the balance 
of $102,000 to be secured by a purchase mortgage lien on said properties to be dis- 
charged by annual installment payments covering a period of 10 years; and it further 
appearing that a corporation is being formed under the laws of the State of North 
Carohna to be known as Goldston Motor Express, Inc., with its principal office at 
Spray, North Carolina, to which said corporation will be transferred all rights, prop- 
erty and equipment embraced in said sales agieement, the capital stock of said cor- 
poration to be issued to the above-named vendees according to their respective 
contributions to the said purchase price; and it further appearing that said vendees, 
all of whom are men with long business experience, will be officers of said corporation, 
to wit: G. H. Sharp, President, G. E. McDaniels, Vice President, T. P. Van Noppen, 
Vice President, and J. R. Brown, Jr., Secretary-Treasurer and General Manager, 
the said Sharp and Brown both having had long experience in motor vehicle trans- 
portation of freight. 

Upon consideration of said application as presented to and understood by the 
Commission, the Commission is of the opinion that it is not inconsistent with the 
public interest and should be approved subject to the conditions hereinafter set out. 

It Is, Therefore, Ordered: 

1. That the proposed sale by J. M. Goldston, d/b/a Goldston Motor Express, of 
all rights, privileges and interests in Franchise Certificate No. 402, together with 
goodwill, trucks, tractors, trailers, real estate, and all other property and equipment 
used in said transportation business, as set out in said agreement, to the said vendees 
above-named, to be by them assignied and transferred to Goldston Motor Express 
Inc., be, and the same is, hereby approved, upon condition: 

(a) That the approval of said sale shall not be construed as a finding by the 
Commission that the purchase price agreed upon represents the value of the 
property involved as a basis for any future determination of i-ates of return 
on investment for rate making purposes; 

(b) That the said vendor shall pay all just and lawful debts and claims against 
him which have arisen out of said transportation business and for which he 
is liable as speedily as the amounts thereof can be ascertained; 

(c) That the deferred payments on said purchase price, as set out in said agree- 
ment, shall be subject to the payment of all just and lawful debts and claims 
against said business and shall not otherwise be paid out until the said ven- 
dor shall have filed with the Utilities Commission an affidavit to the effect 
that all debts and claims against said business have been fully paid. 

2. That Franchise Certificate No. 402 now in the name of J. M. Goldston, d/b/a 
Goldston Motor Express, be cancelled and a franchise certificate in lieu thereof, 
granting the same rights and privileges, be issued to said vendees or to the said cor- 
poration, as said vendees may direct, upon written notice to the Commission that 
said sale and transfer has been fully consummated and that said vendees or the said 
corporation, as the case may be, is ready to commence operations. 

By Order of the N. C. Utilities Commission. 
This the 8th day of May, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk, 

Docket No. 3617. 



Decisions and Adjustments of Complaints 303 

STATE OF NORTH CAROLINA ON THE RELATION OF THE NORTH 
CAROLINA UTILITIES COMMISSION vs. D. C. HUNT, t/a GRANVILLE 
TRANSPORTATION COMPANY, OXFORD, NORTH CAROLINA 

Order 
TO: D. C. Hunt, t/a Granville Transportation Company, Oxford, N. C. 

You are hereby directed to appear before the North Carolina Utilities Commission 
at its office in the City of Raleigh at 2:30 o'clock P. M. on Monday, the 20th day of 
August, 1945, and show cause, if any you have, why your Intrastate Franchise Cer- 
tificate No. 512 and all rights and privileges thereunder should not be revoked; 

1. For failure to operate to and from the union bus station in the City of Oxford 
as directed by said Coimnission and as required by said Commission's rules for the 
operation of union bus stations. 

2. For failure to apply for and obtain a renewal of your said franchise certificate 
which expired on April 2, 1945. 

You will take notice that upon your failure to appear and show cause, as herein 
directed, the Commission will take such action in the premises as in its judgment the 
law and the facts require. 

Issued by Order of the North Carohna Utilities Commission. 
This the 3rd day of August, 1945. 

Stanley Winborne, Chairman 
Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3365. 

STATE OF NORTH CAROLINA ON THE RELATION OF THE NORTH 
CAROLINA UTILITIES COMMISSION vs. D. C. HUNT, t/a GRANVILLE 
TRANSPORTATION COMPANY, OXFORD, NORTH CAROLINA. 

Order 
Appearances : 

Respondent: Victor S. Bryant, Durham, North Carolina. 

Intervenor: I. M. Bailey, Raleigh, North Carolina, for Atlantic Greyhound 
Corporation. 

Hunter, Commissioner: This cause arises upon an order issued by the Commis- 
sion on August 3, 1945 and served on the respondent, D. C. Hunt, by registered mail 
with return receipt requested, as provided in G. C. 62-111, said order being as follows: 

"You are hereby directed to appear before the North Carolina Utilities Com- 
mission at its office in the City of Raleigh at 2:30 o'clock P. M. on Monday, the 
20th day of August, 1945, and show cause, if any you have, why your Intrastate 
Franchise Certificate No. 512 and all rights and privileges thereunder should 
not be revoked; 

"1. For failure to operate to and from the union bus station in the City of 
Oxford as directed by said Commission and as required by said Commission's 
rules for the operation of union bus stations, 

"2. For failure to apply for and obtain a renewal of your said franchise 
certificate which expired on April 2, 1945. 

"You will take notice that upon your failure to appear and show cause, as 
herein directed, the Commission will take such action in the premises as in its 
judgment the law and the facts require." 



304 N. C. Utilities Commission 

Upon an application heard by the Commission on January 15, 1942, for franchise 
rights to transport passengers from Oxford to Durham, via Providence, Stem, Knap 
of Reeds and Bragtown, the respondent was granted franchise certificate No. 512, 
dated April 2, 1942, which automatically expired under the provisions of G. S. 62-106 
three years after its date or on April 2, 1945. It appeared to the Commission subse- 
quent to the hearing of said application that the route applied for between Oxford 
and the Army camp, now known as Camp Butner, was not in condition to be used 
and the franchise certificate, as issued, authorized the applicant, the respondent 
herein, to operate between Oxford and Camp Butner over U. S. Highway No. 15, 
the franchise route of the Atlantic Greyhound Corporation. The route or routes 
described in said certificate, as issued, are from "Oxford via Stem to Army camp and 
return. Pending completion of the old Oxford road, the applicant will be permitted 
to operate over Highway No. 15 and such other roads in the vicinity of the camp as 
may be necessary in order to reach the proper destination in the camp area." 

With respect to the renewal of respondent's said franchise certificate No. 512, the 
Commission wrote the respondent various letters, of which the following are carbon 
copies : 

March 31, 1945 
Mr. D. C. Hunt 

Granville Transportation Company 
Oxford, N. C. 

Dear Sir: 

We are enclosing herewith application for renewal of your Franchise Certificate 
No. 512 which expires on April 2, 1945. 
Thanking you to give this matter your prompt attention, I am, 

Yours very truly, 
Charles Z. Flack, 
F-S Chief Clerk. 

Enc. 

June 5, 1945 
Mr. D. C. Hunt 

Granville Transportation Company 
Oxford, N. C. 

Dear Sir: 

We wrote you under date of March 31, enclosing application for renewal of your 
Franchise Certificate No. 512. Up to this time this application has not been re- 
turned with the information requested; therefore, we are enclosing another appHca- 
tion and will thank you to return this application with the information requested 
thereon and your check for amount due, which is twenty-five cents on each piece of 
equipment in operation at the time of renewal. 

Please give this matter your prompt attention as your certificate expired April 2, 
1945, and it is very necessary that it be renewed. 

Yours very truly, 
Charles Z. Flack, 
F-S Chief Clerk. 

Enc. 



Decisions and Adjustments of Complaints 305 

June 30, 1945 
Mr. D. C. Hunt 

Granville Transportation Company 
Oxford, N. C. 

Dear Sir: 

This is to again call your attention to the expiration of your Franchise Certificate 
No. 512. 

If you wish to renew this certificate please return the appUcation for renewal with 
the information requested thereon and your check covering fee of twenty-five cents 
on each piece of equipment in operation at the time of renewal. 

If we do not hear from you immediately we shall take it for granted you do not 
wish to renew this certificate. 

Yours very truly, 
Charles Z. Flack, 
Chief Clerk. 
F-S 

July 10, 1945 
Mr. D. C. Hunt 

Granville Transportation Company 
Oxford, N. C. 

Dear Sir: 

This is to advise that unless we receive application for renewal of your Franchise 
Certificate No. 512, which expired April 2, 1945, on or before July 14, your franchise 
rights will be cancelled and you will be required to surrender your tags. 

Yours very truly, 
Charles Z. Flack, 
F-S Chief Clerk. 

In addition to the above communications, to which no response was received by the 
Commission, a member of the Commission and one of its inspectors called on the 
respondent in Oxford on July 18, 1945 and advised him personally that said franchise 
certificate had expired and that renewal thereof was necessary, and were assured by 
the respondent that he would be in Raleigh the following day to attend to the matter 
of renewing his franchise certificate. The respondent did not come to Raleigh on 
the date named or otherwise communicate with the Commission with respect to the 
renewal of his franchise certificate until the date of the hearing in this cause on August 
22, 1945. Thereafter on August 25, 1945, the respondent filed an application for the 
renewal of his said franchise certificate, giving the information required in such cases, 
together with the check in the sum of $1.25, filing fee, as required in G. S. 62-119. 

With respect to the use of the new Union Bus Station at Oxford, the Commission 
wrote the respondent a letter, of which the following is a carbon copy: 



306 X. C. Utilities Commission 

June 7, 1945 
Mr. D. C. Hunt 

CJranville Transportation Company 
Oxford, North Carolina 

Dear Mr. Hunt: 

We have been advised that the new union bus station at Oxford has been completed 
and is now in operation. We have also been advised that you are not at present 
operating into this station. 

We assume that it is only necessary to call your attention to the rules of the Com- 
mission which require all carriers to use the union bus station where one has been 
established. All carriers operating into or through Oxford will be required to use the 
union bus station there, so please make arrangements at once to operate all your 
buses into and out of the union bus station. 

Yours very truly, 
Fred C. Hunter, 
FCH/rs Commissioner. 

No response was made by the applicant to the above letter, and at the time this case 
was heard on August 22, 1945, the respondent was not using the Union Bus Station 
at Oxford but was using an independent station and is still using an independent 
station to this date in so far as the Commission has been advised. 

The respondent testified before the Commission in its hearing in this cause on 
August 22, 1945, to the effect that he has difficulties in receiving his mail at Oxford; 
that he lives in Oxford and has a Post Office box but that his father, now dead, had 
the same name and that some of his mail is delivered to his mother who lives in the 
country; that he turned some of his mail over to his former attorney and that the 
various communications from the Commission and their purport, if he received 
them, were not understood. He further testified that he was ready and wilUng to 
comply with all the rules and regulations of the Commission. 

The Commission is unable to find any tenable reason or excuse for failure on the 
part of the respondent to receive its communications or for failure to comply with its 
rules and regulations; and upon consideration of the respondent's record as a fran- 
chise carrier and the fact that the routes applied for are still not in condition to be 
used, the Commission is of the opinion and finds that the public interest requires 
that the respondent's operating rights as a common carrier under said certificate be 
revoked and the renewal thereof denied. 

It Is, Therefore, Ordered: 

1. That the operating rights heretofore granted to D. C. Hunt, d/b/a Granville 
Transportation Company, Oxford, North Carolina, as set forth in franchise certifi- 
cate No. 512, be revoked and set aside and all operations thereunder discontinued 
from and after the first day of November, 1945. 

2. That the respondent's application for a renewal of said franchise certificate 
filed on August 25, 1945 be denied and that his check in the sum of $1.25, filing fee, 
be returned. 

Issued by Order of the North Carolina Utilities Commission. 

This the 10th day of October, 1945. 

Stanley Winborne, Chairman 
Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G. Johnson. Commissioner. 

Docket No. 3365. 



Decisions and Adjustments of Complaints 307 

IN THE MATTER OF HYPOTHECATION OF FRANCHISE CERTIFICATE 
NO. 462 OF GREAT SOUTHERN TRUCKING COMPANY TO WACHOVIA 
BANK AND TRUST COMPANY OF CHARLOTTE, NORTH CAROLINA. 

Order Approving 
Hunter, Comynissioner: The Commission having under consideration the ap- 
plication of Great Southern Trucking Company of Jacksonville, Florida, through its 
attorneys, Stockton, Ulmer & Murchison of Jacksonville, for written consent, as 
required by G. S. 62-107, to hypothecate its North Carolina Intrastate Franchise 
Certificate No. 462 and rights therein granted to the Wachovia Bank and Trust 
Company of Charlotte, along with other collateral, to secure a loan or loans aggregat- 
ing the sum of $400,000, of which $325,000 is to be secured by said franchise certifi- 
cate and by the rolling stock of the appUcant, and $75,000 to be secured by its termi- 
nal property, the purpose of said loan being to discharge the balance due on original 
loan of $250,000 from the Florida National Bank of Jacksonville, to discharge out- 
standing equipment notes and to provide for purchase of certain other equipment; 
and it appearing from representations made that the Intrastate Commerce Commis- 
sion has approved the loan or loans in question in so far as the same relate to matters 
over which it has jurisdiction; and it further appearing that said loan has been ob- 
tained from the Wachovia Bank and Trust Company and the indebtedness of said 
Florida National Bank has been discharged; and upon consideration of all the facts 
disclosed, the Commission is of the opinion that the consent requested should be 
granted. 

It Is, Therefore, Ordered: 

1. That the hypothecation of North Carolina Intrastate Franchise Certificate No. 
462 in the name of Great Southern Trucking Company of Jacksonville, Florida, to 
the Wachovia Bank and Trust Company of Charlotte, North Carolina, along with 
other collateral, securing a loan or loans aggregating the sum of $400,000, be, and 
the same is, hereby approved. 

2. That the Great Southern Trucking Company report to the Commission on cr 
before the 10th day of January, 1946, and quarterly thereafter until further notice, 
the balance due on said loan or loans, together with a current balance sheet and a 
current operating statement. 

3. That a copy of this order along with said Franchise Certificate No. 462, with the 
hypothecation thereof noted thereon, be mailed to Stockton, Ulmer & Murchison, 
attorneys for the apphcant, and that a copy of said order be mailed to Wachovia 
Bank and Trust Company of Charlotte, North Carolina. 

Issued by Order of the North Carolina Utilities Commission. 

This the 17th day of October, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3412. 



308 N. C. Utilities Commission 

APPLICATION OF THE GREENSBORO-FAYETTEVILLE BUS LINE, INC., 
TO OPERATE BETWEEN HIGH POINT AND WINSTON-SALEM VIA 
U. S. HIGHWAY 311 AND BETWEEN ROCKINGHAM AND THE NORTH 
CAROLINA-SOUTH CAROLINA STATE LINE VIA U. S. HIGHWAY NO. 1. 

Order 
Appearances: For the Applicant: 

R. Gregg Cherry, Gastonia, N. C. 
. Wilbur Bunn, Raleigh, N. C. 
Fred Bynum, Rockingham, N. C. 
Geo. S. Quillen, Fayetteville, N. C. 
John A. Gates, Fayetteville, N. C. 
Irving Carlyle, Winston-Salem, N.C. 
J. T. Turner, Greensboro, N. C. 
K. J. Kindley, Charlotte, N. C. 
T. Lynwood Smith, Asheboro, N. C. 
Byron Haworth, High Point, N. C. 

For the Protestant: 

I. M. Bailey, Raleigh, N. C. 
H. Gardner Hudson, Winston-Salem, N. C. 
J. C. B. Ehringhaus, Sr., Raleigh, N. C. 
Thomas J. Gold, High Point, N. C. 

This application came on for hearing and was heard by the Utilities Commission, all 
members of the Commission being present in the Commission's Hearing Room in the 
City of Raleigh, North Carolina, on April 27, 1943. Final decision in the matter was 
deferred for the reason that it was suggested to the Commission some weeks following 
the hearing, that the applicant ajid protestant were attempting to reach an agree- 
ment as to the respective operations over the routes in question, which agreement if 
reached would be submitted to the Commission for approval. These negotiations, the 
Commission is now informed, failed, and hence this decision is now being made. 

WiNBORNE, Chairman: 

In 1932 the Greensboro-Fayetteville Bus Line, Inc. and the Camel City Coach 
Company entered into a verbal agreement whereby the Camel City Coach Company 
agreed to allow the Greensboro-Fayetteville Bus Line to operate over the franchise 
of the Camel City Coach Company certain schedules between Rockingham and the 
North Carolina-South CaroHna State Line over U. S. Highway No. 1, and from 
Winston-Salem to High Point over U. S. Highway No. 311. 

On the 18th day of January, 1939, sometime subsequent to the consolidation of the 
Camel City Coach Company and the Atlantic Greyhound Corporation, the Atlantic 
Greyhound Corporation entered into another agreement with the Greensboro-Fa- 
yetteville Bus Line confirming the prior verbal agreement between the Camel City 
Coach Company and the Greensboro-Fayetteville Bus Line. Under said latter 
agreement the Greensboro-Fayetteville Bus Line was allowed to operate one daily 
round trip between High Point and Winston-Salem and between Rockingham and 
the North Carolina-South Carolina State Line on into South Carolina. So since 
December 1932, under said agreements, the Greensboro-FayetteviUe Bus Line has 
operated without interruption the said schedules. 

In a proceeding held before the Interstate Commerce Commission, shortly before 
this case was heard before our Commission, the Interstate Commerce Commission 
held that the said lease agreement, above referred to, was unenforceable and violative 



Decisions and Adjustments of Complaints 309 

of the decisions of the Interstate Commerce Commission, in that one bus company 
could not lease to another bus company the right to operate over its franchise as long 
as the lesser bus line continued to operate over the same franchise route. This 
Commission has some doubt about the absolute soundness of this decision of the 
Interstate Commerce Commission, which was the subject of much discussion in the 
instant hearing, but regardless of any views we may hold concerning same, in view of 
our decision herein, it becomes immaterial. 

The applicant contended that there was an enormous amount of travel between the 
City of Winston-Salem, with one hundred thousand population, and that of High 
Point, with approximately fifty thousand population; that it owned the franchise 
from High Point to Fayetteville and the franchise from High Point to Rockingham, 
and that without the franchise from High Point to Winston-Salem the public would 
be greatly inconvenienced and would be required to travel from points South of 
High Point by circuitous routes in reaching Winston-Salem, and that the service 
between High Point and Winston-Salem, as furnished by the Atlantic Greyhound 
Corporation was inadequate to meet the public needs. 

The applicant further contended that there were many people residing between 
Rockingham and the North Carolina-South Carolina State Line who used their pres- 
ent services and for whom it was absolutely necessary; that the schedule of the At- 
lantic Greyhound Corporation from Rockingham to the South Carolina Line were 
operated at times of the day and night which afforded no convenience to the local 
travelling public. 

The applicant further contended that they had never been able to give the service 
that was needed on the routes in question for the reason that they were restricted 
in said agreement to one schedule each way a day, and although they had been oper- 
ating several buses on that one schedule it did not give the pubUc schedules through- 
out the day which its need required and that if it were now given the franchise it 
would put into effect four schedules each way a day and as many more as were found 
to be necessary. 

In support of the applicant's contentions, it offered testimony of witnesses from 
all points from Winston-Salem to Fayetteville and from High Point to Rockingham 
and the North Carolina-South Carolina State Line, from all walks of life, as to the 
inadequate bus facilities which they then had, the crowded condition of the buses, 
the number of people who, on week-ends especially, were required to stand for long 
distances, and the great need for additional service. 

The testimony of the applicant's witnesses comprise the major part of the 478 
pages of the record in this case. Their testimony was positive and related their own 
experiences in riding on the buses. 

The Atlantic Greyhound Corporation, in support of its protest, contended that 
the Greensboro-Fayetteville Bus Line was now operating from Winston-Salem to 
High Point and from Rockingham to the North Carolina-South Carolina State Line, 
as an operator by sufference only; that there was no need for the service of the Greens- 
boro-Fayetteville Bus Line; that the buses were not as crowded as the witnesses for 
the appHcant testified, and that if there were need for more service the Atlantic 
Greyhound Corporation was in a position to provide it. 

In support of the protestant's contentions, many witnesses were offered, some em- 
ployees of the Corporation, who testified that they had seen the buses pass and had 
not observed them to be in a crowded condition; that some had ridden on the buses 
and found no difficulty in obtaining seats, and that they did not think that there was 
need for additional service. As a whole, the testimony of the protestant's witnesses 
was negative testimony in contrast with the positive testimony by the many wit- 
nesses for the applicant. 



310 N. C. Utilities Commission 

After considering with great care the entire record in this case, the contentions of 
the parties and the arguments of counsel made all through the hearing, the Commis- 
sion finds the following facts : 

1. That convenience and necessity has been fully shown for the continued and 
enlarged operation of the Greensborc-Fayetteville Bus Line from Winston-Salem 
to High Point. 

2. That convenience and necessity has been fully shown for the continued and 
enlarged operation of the Greensborc-Fayetteville Bus Line between Rockingham 
and the North Carolina-South Carolina State Line, and 

3. That even if the Atlantic Greyhound Corporation were to provide as many ad- 
ditional schedules over said routes as are proposed by the Greensboro-Fayetteville 
Bus Line, it would not give to the travelling public the same convenient service, 
for the reason that the Atlantic Greyhound Corporation is not integrated with the 
operations in the territory to be served from High Point to Fayette ville, and from 
High Point to Rockingham as is the Greensboro-Fayetteville Bus Line. 

Wherefore It Is Ordered: 

1. That the franchise certificate be issued to the Greensboro-Fayetteville Bus 
Line to operate motor vehicles for the transportation of passengers, baggage, mail, 
light express and newspapers for hire as a common carrier between Winston-Salem 
and High Point over U. S. Highway No. 311, and between Rockingham and the 
North Carohna-South Carolina State Line over U. S. Highway No. 1. 

2. That said Greensboro-Fayetteville Bus Line shall prepare and present for ap- 
proval to this Commission the schedules to be operated over said routes, and 

3. Shall observe and comply with all rules and regulations of this Commission. 
This the 9th day of August, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest : 

Charles Z. Flack, Chief Clerk. 

Docket Nc. 2846. 

APPLICATION OF GREENSBORO-FAYETTEVILLE BUS LINE, INC. TO 
OPERATE BETWEEN HIGH POINT AND WINSTON-SALEM VIA U. S. 
HIGHWAY 311 AND BETWEEN ROCKINGHAM AND THE NORTH 
CAROLINA-SOUTH CAROLINA STATE LINE VIA U. S. HIGHWAY NO. 1. 

Order Overruling Exceptions of Atlantic Greyhound Corporation and 

Order Denying Motion For Rehearing And Reopening. 

Exceptions 

The Commission after unusual consideration given to the Exception filed in this 
case, dated 18th of August, 1945, to the order of the Commission, dated August 9, 
1945, has reached the conclusion that its said order of August 9, 1945 should be in no 
way changed, and therefore each and all of the Exceptions filed by the Atlantic 
Greyhound Corporation are hereby denied, disallowed and overruled. 

Petition And Motion For Rehearing And Reopening 

The Commission has given due consideration to the petition filed in this cause 
wherein the Atlantic Greyhound Corporation asked that Docket No. 2846 be re- 
opened and reheard, and has reached the conclusion, since it is so completely satisfied 



Decisions and Adjustments of Complaints 311 

that public convenience and necessity was amply shown at the hearing, that there is 
no good reason for reopening and rehearing the case. 

Wherefore It Is Ordered: 

1. That each and all of the Exceptions filed by the Atlantic Greyhound Corpora- 
tion be and the same are hereby overruled, disallowed and denied. 

2. That the Atlantic Greyhound Corporation's motion for reopening and rehearing 
be and the same is hereby denied. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



I 



This the 15th day of October, 1945. 



Attest : 

Charles Z. Flack, Chief Clerk. 

Docket No. 2846. 



APPLICATION OF GRUBB MOTOR LINES, INC., LEXINGTON, N. C, FOR 
A FRANCHISE CERTIFICATE TO TRANSPORT BEER AND ALE ONLY 
OVER IRREGULAR ROUTES IN NORTH CAROLINA 

Order 
Before The Full Commission: 

Appearances: For the Applicant: 

Wilham T. Hatch, Attorney, Raleigh, N. C. 

For the Protestants: 
None. 

Johnson, Commissioner: 

This matter comes before the Commission upon the application of Grubb Motor 
Lines, Inc., of Lexington, N. C, for franchise certificate to transport beer and ale 
only over irregular routes in North Carolina. It is found as a fact from the evidence 
presented that the applicant has been transporting beer and ale over that section of 
North Carolina lying West of the Atlantic Coast Line Railroad running from Wil- 
mington to Goldsboro to Rocky Mount to Weldon and to the North Carolina- Virginia 
State Line; 

It Is, Therefore, Ordered, That Grubb Motor Lines, Inc., be and it is hereby 
granted a franchise to operate as a motor vehicle carrier of beer and ale over irregular 
routes within the State of North Carolina lying west of the Atlantic Coast Line Rail- 
road Company's tracks running from Wilmington to Goldsboro to Rocky Mount to 
Weldon, and thence to the North Carohna- Virginia State Line; that franchise cer- 
tificate be issued when the applicant has complied with the rules, regulations and re- 
quirements of this Commission. 

This 27th day of February, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3228. 



312 N. C. Utilities Commission 

APPLICATION OF GRUBB MOTOR LINES, INC, LEXINGTON, NORTH 
CAROLINA, FOR A FRANCHISE CERTIFICATE TO TRANSPORT BEER 
AND ALE ONLY OVER IRREGULAR ROUTES IN NORTH CAROLINA. 

Order 

The application for motor vehicle franchise rights described in the caption came 
on for hearing on the 6th day of February, 1945, and thereafter on the 27th day of 
February, 1945, the Commission issued an order in the matter authorizing the pro- 
posed service upon compliance with the law and the rules and regulations of the 
Commission with respect to the registration of equipment and filing of insurance 
covering the same. To this date, the applicant has failed to comply with the law in 
the respects above mentioned after written notice from the Commission to do so. 

It Is, Therefore, Ordered That the Commission's order in this matter, dated 
the 27th day of February, 1945, be vacated and set aside and the appUcation herein 
dismissed. 

This the 5th day of February, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Attest: Fred C. Hunter, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3228. 

APPLICATION OF M. S. MILLIKIN t/a HAMLET BUS COMPANY TO OPER- 
ATE A BUS LINE FOR PASSENGER SERVICE IN AND AROUND HAM- 
LET OVER ROUTES 77, 74, 783 AND BOYD'S LAKE ROAD; AND RO- 
HANEN VILLAGE COUNTY ROAD TO COLONIAL MILLS. 

Order Dismissing Application 

This cause comes before the Commission on the above application. Mr. Z. V. 
Morgan, attorney for the appHcant, informed the Commission by letter of November 
30 that the applicant is no longer interested in this appUcation and therefore wishes 
to withdraw it. 

It Is Therefore Ordered, that the same be, and is hereby, dismissed. 

By Order of the Commission. 

This the 4th day of December, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 

Docket No. 3600. Charles Z. Flack, Chief Clerk. 

APPLICATION FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER BY J. H. HAMMACK FOR TRANSPORTATION OF 
PASSENGERS FROM N. C.-VIRGINIA STATE LINE TO ROANOKE 
RAPIDS VIA N. C. 46 FROM STATE LINE TO VULTARE; THENCE TO 
INTERSECTION OF U. S. 46 AND 47 AT GASTON, N. C; THENCE TO 
ROANOKE RAPIDS VIA U. S. 47; AND RETURN OVER SAME ROUTE. 

Order 
Before Commissioner Johnson. 
Appearances: For Applicant: 

Mr. Julian Allsbrook, Roanoke Rapids, N. C. 
For Protestants: 
None. 

This cause came on to be heard before the North Carolina Utilities Commission 
at its office in Raleigh, N. C, on the 21st day of December, 1945, at ten o'clock A. M. 



Decisions and Adjustments of Complaints 313 

The Applicant proposes to transport passengers, their baggage, and Hght express 
in all vehicles operated from Roanoke Rapids to Gaston via U. S. Highway 47, and 
from Gaston to Virginia-North Carohna State Line via U. S. Highway 46. The Ap- 
plicant, for the past several years, has been operating over this route hauUng workers 
to the mills at Roanoke Rapids. No other public transportation is available to the 
citizens Hving along said route. Ample evidence was offered to show convenience and 
necessity. 

It Is, Therefore, Ordered, That the appUcation apphed for be granted and 
that franchise certificate be issued when the AppHcant has comphed with all the rules 
and regulations of this Commission. 

This 21st day of December, 1945. 

Stanley Winborne, Chairman 

Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 3408. 

APPLICATION OF JOHN W. DEMPSEY, d/b/a HANOVER TRANSIT COM- 
PANY, WILMINGTON, NORTH CAROLINA, FOR MOTOR VEHICLE 
FRANCHISE RIGHTS TO TRANSPORT GENERAL COMMODITIES OVER 
U. S. HIGHWAY 421 FROM WILMINGTON TO CAROLINA BEACH, 
WILMINGTON BEACH, KURE BEACH AND FORT FISHER; OVER 
U. S. HIGHWAY 74 AND 76 FROM WILMINGTON TO WINTER PARK, 
SEA GATE, WRIGHTSVILLE SOUND, HARBOR ISLAND AND WRIGHTS- 
VILLE BEACH; FROM WINTER PARK AND SEA GATE ON U. S. HIGH- 
WAY 74 AND 76 TO MONKEY JUNCTION AND ROBINSON STORE ON 
U. S. HIGHWAY 421. 

Order 
Appearances: 

John W. Dempsey, Applicant. 

Protestants: None. 

By The Commission: This appHcation for motor vehicle franchise rights to 
transport general commodities over the routes and between the points as set out in 
the caption came on for hearing before the full Commission in Raleigh on May 1, 
1946; and from the testimony offered, the Commission finds public convenience and 
necessity for the proposed service and that the apphcant has the necessary experience 
and is otherwise qualified to perform the service in a satisfactory manner. 

It Is, Therefore, Ordered that the application of John W. Dempsey, d/b/a 
Hanover Transit Company, for motor vehicle franchise rights to transport general 
commodities over the routes and between the points set out in the caption be, and 
the same is, hereby granted, certificate to be issued upon comphance by the applicant 
with the rules and regulations of the Commission as to pubhcation of tariffs, regis- 
tration of his equipment with the Commission, with acceptable insurance covering 
the same. 

By Order of the N. C. Utihties Commission. 

This the 1st day of May, 1946. 

Stanley Winborne, Chairman 

Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, ChieJ Clerk, R. G. Johnson, Commissioner. 

Docket No. 3559. 



314 N. C. Utilities Commission 

CANCELLATION OF CERTIFICATE NO. 594 LSSUED TO JOHN W. DEMP- 
SEY. 

Order Cancelling Certificate 
Upon application of John W. Dempsey for cancellation of his franchise certificate 
issued under date of May 21, 1946, and for good cause shown, said certificate is 
hereby ordered revoked and cancelled together with all rights and privileges there- 
under. 

Issued by order of the Commission, 
This 1st day of August, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 
Charles Z. Flace:, Chief Clerk. 

Docket No. 3559. 

APPLICATION OF RAY HAYNES FOR OPERATING RIGHTS TO TRANS- 
PORT EMPLOYEES ONLY TO PLANTS OF CHAMPION FIBRE COM- 
PANY AND AMERICAN ENKA CORPORATION. 

Order Dismissing Application 
Upon the call of this matter for hearing in Asheville, on June 4, 1946, the applicant, 
upon motion of counsel, was allowed to withdraw the application herein and the 
application is accordingly dismissed. 

Issued by order of the Commission this 19th day of June, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3526. 

APPLICATION OF MABLE D. BURTON, d/b/a HELMS MOTOR EXPRESS 
FOR MOTOR VEHICLE FRANCHISE RIGHTS TO TRANSPORT PROP- 
ERTY FROM ALBEMARLE TO NORWOOD AND RETURN OVER U. S. 
HIGHWAY 52. 

Order 
After due notice this cause came on for hearing in Raleigh on September 28, 1944. 
It appears from the testimony that there is a substantial movement of freight to and 
from Norwood via Albemarle and that no franchise carrier is presently operating 
over the proposed route between said points. The applicant is the principal motor 
carrier in this area, maintains its principal office at Albemarle and is well quaUfied 
to perform the service proposed. No protest or opposition to said application having 
been filed with the Commission by any member of the public or motor vehicle carrier, 
it is deemed unnecessary to set out the evidence in detail, but same has been tran- 
scribed and is on file in this proceeding and may be examined by parties interested 
therein. 

It Is Therefore Ordered: 

1. That the application of Mable D. Burton, d/b/a Helms Motor E.\press for 
motor vehicle franchise rights to transport freight from Albemarle to Norwood and 
return over U. S. Highway 52, be, and the same is hereby granted. 



Decibions and Adjustments of Complaints 315 

2. That operation shall commence only after receipt by the applicant of its original 
franchise certificate amended to include the rights herein authorized. 
This the 10th day of November, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

R. O. Self, Chief Clerk. 

Docket No. 3168. 

APPLICATION OF F. L. TOEPLEMAN AND GARLAND GREENWAY, d/b/a 
HENDERSON BONDED LINES, FOR APPROVAL OF SALE AND TRANS- 
FER OF CERTIFICATE 1011 AND CERTAIN OPERATING EQUIPMENT 
TO W. H. T. SQUIRES, JR. 

Order 

Hunter, Commissioner: By the application in the above captioned matter, 
the parties desire a renewal of franchise certificate No. 1011, issued to Henderson 
Bonded Lines of Henderson, North CaroHna, under date of August 1, 1943, which is 
subject to renewal under the provisions of G. S. 62-116. The parties also desire that 
the renewal of said certificate be issued in the name of W. H. T. Squires, Jr. of Hen- 
derson, North Carolina, under a sales agreement between the parties, a copy of 
which has been filed with the Commission. 

It appears from the appHcation that the sale price agreed upon between the parties 
is $8,000, of which $4,000 is for 2 tractor trailer units and $4,000 for the interstate 
operating rights and privileges granted by the Interstate Commerce Commission 
and for the intrastate rights authorized by the Utilities Commission under certificate 
number 1011. It further appears that all debts and claims against the vendors aris- 
ing out of or connected with the operations have been paid in full, including C.O.D. 
collections, interchange accounts and taxes. It further appears that the vendee, 
while not experienced in truck transportation, has business experience and other 
training which in the opinion of the Commission qualify him to perform the service 
contemplated by said certificate in a satisfactory manner. 

Certificate No. 1011 which the applicants seek to renew and transfer is for a re- 
stricted common carrier service as defined and authorized under G. S. 62-103(t) and 
G. S. 62-105(j). These sub-sections are amendments to the original act and do not 
relate to or authorize the transportation of general commodities over irregular routes. 
Through some inadvertence, such certificate as issued purported to authorize the 
transportation of "commodities in general over irregular routes throughout the State 
of North Carolina, between all the points and places where said commodities are 
transported." This provision in the certificate, in the opinion of the Commission, is 
contrary to the statute. A certificate authorizing the transportation of general com- 
modities must be limited to fixed routes between fixed termini as required by the 
provisions of G. S. 62-103(f) and G. S. 62- 106(b). 

This being the Commission's construction of the law, the certificate as renewed 
must be corrected and limited to the commodities named in the original application 
for said certificate; to wit, tobacco and tobacco containers, cotton in bales, jute bag- 
ging, and petroleum products. 

It Is, Therefore, Ordered : 

1. That the sales agreement between F. L. Toepleman and Garland Greenway, 
vendors, and W. H. T. Squires, Jr., vendee, be, and the same is, hereby approved, 



316 N. C. Utilities Commission 

but such approval shall not be construed as a finding or as a representation by the 
Commission as to the value of the operating rights or properties included in said sale. 

2. That certificate No. 1011 be renewed and issued in the name of W. H. T. Squires, 
Jr., authorizing only the transportation of unmanufactured tobacco and tobacco 
containers, cotton in bales, jute bagging, and petroleum products. 

3. That this order shall become effective and said certificate issued upon (a) writ- 
ten notice to the Commission that said sale has been consummated, (b) filing with 
the Commission proper description of vehicles to be used in this service, together with 
insurance covering the same, and (c) pubUcation of proper tariffs with a copy to the 
Commission. 

By order of the N. C. UtiUties Commission. 

This the 15th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk, 

Docket No. 3709. 

DOCKET NO. 3522: APPLICATION OF H. D. McLEAN, d/b/a HENDER- 
SON BUS LINE, FOR FRANCHISE CERTIFICATE TO TRANSPORT 
PASSENGERS, BAGGAGE AND MAIL FROM HENDERSON, N. C, TO 
THE N. C.-VIRGINIA STATE LINE BY WAY OF WILLIAMSBORO AND 
TOWNSVILLE OVER THE U. S. CORBITT HIGHWAY NO. 39, AND RE- 
TURN OVER THE SAME ROUTE, A DISTANCE OF APPROXIMATELY 
19 MILES. 

DOCKET NO. 3554: APPLICATION OF S. M REAMS AND HERBERT 

Yancey, d/b/a reams bus line, clarksville, Virginia, for 

FRANCHISE CERTIFICATE TO TRANSPORT PASSENGERS AND THEIR 
BAGGAGE OVER HIGHWAY NO. 39 FROM HENDERSON, N. C, BY 
WILLIAMSBORO AND TOWNSVILLE, N. C, TO THE N. C.-VIRGINIA 
STATE LINE, AND RETURN OVER THE SAME ROUTE. 

Order 
Before The Full Commission. 

Appearances: For Henderson Bus Line: 

L. H. Wall, Lenoir, N. C. 

A. A. Bunn, Henderson, N. C. 

For Reams Bus Line: 

John H. ZoUicoffer, Henderson, N. C. 

No Protestants. 

Johnson, Commissioner: 

Dockets Nos. 3522 and 3554 were called for hearing before the North CaroUna 
Utilities Commission at its Hearing Room in Raleigh, N. C, on the 26th day of 
April, 1946. Without objection the two dockets were consoHdated and heard to- 
gether. Both applicants seek authority to transport passengers, baggage and mail 
over Highway N. C. 39 from Henderson, N. C, to the North Carolina- Virginia State 
Line by way of WilUamsboro and Townsville and return. At the time these applica- 
tions were heard the two appb* cants had pending before the Interstate Commerce 



Decisions and Adjustments op Complaints 317 

Commission application for authority to transport interstate passengers over the 
same routes appHed for in these apphcations. 

Ample testimony was offered to show convenience and necessity between Hender- 
son and the North Carolina- Virginia State Line. Since the hearing in these dockets 
this Commission has been informed that the interstate application of Reams Bus Line 
has been granted and that the interstate application of Henderson Bus Line was 
denied. The Commission does not feel that there is sufficient transportation needs 
over the routes applied for to justify two operators. 

It Is, Therefore, Ordered: 

1. That the application of Henderson Bus Line in Docket No. 3522 for franchise 
certificate to transport passengers, baggage and mail over the routes applied for, be, 
and the same is hereby, denied. 

2. That the appUcation of S. M. Reams and Herbert Yancey, d/b/a Reams Bus 
Line, in Docket No. 3554, be, and the same is hereby, granted, and that a certificate 
be issued to the apphcant. Reams Bus Line, to transport passengers and their baggage 
over N. C. Highway 39 from Henderson, N. C, by way of Williamsboro and Towns- 
ville, N. C, to the North Carolina- Virginia State Line, and return over the same 
route, when the apphcant has filed insurance, tariffs, schedules, etc., and compUed 
with all other rules and regulations of this Commission. 

This 18th day of September, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 
Charles Z. Flack, Chief Clerk. 

Dockets Nos. 3522 and 3554. 

H. D. McLean d/b/a HENDERSON BUS LINE, PETITIONER, AGAINST 
S. M. REAMS AND HERBERT YANCEY d/b/a REAMS BUS LINE. 

Order Overruling Exceptions 
This cause now comes before the Commission upon Exceptions filed by H. D. Mc- 
Lean d/b/a Henderson Bus Line, Petitioner, to the conclusions and order made by 
the Commission in the above-entitled matter dated September 18, 1946. 

Upon consideration of ^aid Exceptions and each of them, the same are hereby 
denied and dismissed. 

By order of the North CaroKna UtiHties Commission. 
This 31st day of October, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 
Dockets Nos. 3522 and 3554. 



APPLICATION OF THE HENDERSON BUS LINES, INC. FOR FRANCHISE 
OVER FIVE SEPARATE ROUTES, AS FOLLOWS: 

1. FROM THE CITY LIMITS OF HENDERSON, N. C. OVER COUNTY 
ROAD TO AFTON, N. C; THENCE OVER N. C. HIGHWAY NO. 59 TO 
WARRENTON AND RETURN, A DISTANCE OF ABOUT EIGHTEEN 
MILES. 

2. FROM THE CITY LIMITS OF HENDERSON, N. C. OVER COUNTY 



318 N. C. Utilities Coaimission 

ROAD TO DABNEY, LOCATED NEAR THE GRANVILLE COUNTY 
LINE, AND RETURN. 

3. FROM HENDERSON TO DREWRY OVER COUNTY ROAD THROUGH 
ANDERSON SWAMP CREEK SECTION, AND RETURN. 

4. FROM HENDERSON, N. C. OVER N. C. HIGHWAY NO. 39; THENCE 
OVER UNNU:\IBERED HIGHWAY TO VICKSBORO; THENCE TO CO- 
LEY'S CROSS ROADS, AND THENCE OVER N. C. HIGHWAY NO. 59 TO 
BILL'S PLACE, AND RETURN, AND 

5. FROM LOUISBURG OVER N. C. HIGHWAY NO. 39 TO BUNN, N. C. 
AND RETURN. 

Order 
Appearances : 

A. A. Bunn, Attorney at Law, Henderson, N. C. 

WiNBORNE, Chairman: 

The original application in this case asked for a franchise from Henderson to Ox- 
ford via Dabney, but when the case was called for hearing on September 11, 1946, the 
applicant stated that it withdrew that part of its application described in No. 2 of 
the caption, from Dabney to Oxford, and only asked that it be given a franchise 
from Henderson to Dabney, as described in section 2 of the caption. 

The applicant offered proof of publication of notice of the hearing, as required by 
law, and various witnesses residing along each of the roads in question testified as to 
the public need for said service and also offered evidence of the financial ability of 
the appUcant to provide proper service. 

After the withdrawal of that part of the application from Dabney to Oxford which 
would have provided competing service with the Atlantic Greyhound Corporation 
from Henderson to Oxford, all opposition to the granting of the franchise was with- 
drawn. 

Upon consideration of all of the evidence adduced at the hearing, the Commission 
finds that public convenience and necessity has been shown, and 

It Is Therefore Ordered, that the Henderson Bus Lines, Inc. be and the same 
is hereby given a franchise to operate buses for the transportation of passengers, 
baggage and newspapers over the following routes: 

1. From Henderson, N. C. over county road to Afton; thence N. C. Highway No. 
59 to Warrenton and return. 

2. From Henderson over county road to Dabney and return. 

3. From Henderson to Drewry over county road through Anderson to Swamp 
Creek section, and return. 

4. From Henderson, N. C. over N. C. Highway No. 39; thence over uimumbered 
Highway to Vicksboro; thence to Coley's Cross Roads, and thence over N. C. 
Highway No. 59 to Bill's Place, and return, and 

5. From Louisburg over N. C. Highway No. 39 to Bunn, N. C. and return. 

The franchise certificate for the above described operations to be issued upon full 
comphance with the lules, regulations and requirements of the Commission. 

This the 28th day of Octobei-, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3713. 



Decisions and Adjustments of Complaints 319 

APPLICATION FOR APPROVAL OF SALE AND TRANSFER OF FRAN- 
CHISE CERTIFICATE NO. 487 FROM S. A. AND H. L. HENNIS FREIGHT 
LINES TO COY FLIPPIN. 

Order 

The above matter having been presented to the Commission upon a formal peti- 
tion, signed and verified by the parties above named, and upon consideration thereof, 
the Commission is of the opinion and finds that the proposed sale and transfer of 
Franchise Cei-tificate No. 487 and all rights and privileges thereunder, including 
three 1940 White tractors and four 1940 Black Diamond trailers, for the sum of 
$14,000 will not be against the public interest. 

It Is, Therefore, Ordered that the sale and transfer of Franchise Certificate 
No. 487 from S. A. and H. L. Hennis Truck Lines to Coy Fhppin, together with all 
rights and privileges thereunder, including the equipment named above, be, and the 
same is hereby, approved and a franchise certificate issued accordingly to the said 
purchaser upon filing the descriptions of his equipment and insurance covering the 
same. 

Issued by order of the Commission. 

This the 26th day of January, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3245. 



APPLICATION OF F. P. HILL, d/b/a HILL BUS LINE, FOR FRANCHISE 
CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER FOR 
TRANSPORTATION OF PASSENGERS, THEIR BAGGAGE, MAIL AND 
LIGHT EXPRESS FROM AHOSKIE TO POWELLSVILLE VIA N. C. 97; 
THENCE TO COLERAIN VIA N. C. 350; THENCE TO MIDWAY VIA N. C. 
45; CONNECTING UP WITH U. S. 17; THENCE RETURN OVER SAME 
ROUTE TO AHOSKIE. ALSO TO PICK UP AND LET OFF PASSENGERS 
ALONG SAID ROUTES AT SMALLER PLACES NOT MENTIONED ON 
MAP. 

Order 

Before The Full Commission. 

Appearances: For Applicant: 

J. James Davis, Attorney, Norfolk, Virginia 
Protestants : None . 

Johnson, Commissioner : 

The applicant, Hill Bus Line, is applying for franchise rights to operate as a motor 
vehicle carrier for the transportation of passengers, their baggage, mail and light ex- 
press from Ahoskie to Powellsville via N. C. 97; thence to Colerain via N, C. 350; 
thence to Midway via N. C. 45, and all intermediate points, and return over the 
same route. 

The evidence discloses that at the present time there is no means of public trans- 
portation between the points applied for and there is need for such transportation. 
The Commission finds convenience and necessity for such operation. 

It Is, Therefore, Ordered, That the applicant be granted a franchise as applied 



320 N. C. Utilities Commission 

for and that certificate be issued upon compliance with the rules and regulations of 
. this Commission. 

This 12th day of March, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3240. 

APPLICATION OF F. P. HILL, TRADING AS HILL'S BUS LINE, FOR FRAN- 
CHISE CERTIFICATE: 

1. TO OPERATE AS MOTOR \^HICLE CARRIER FROM COLERAIN 
TO HARRELLSVILLE VIA N. C. HIGHWAY 45; THENCE TO COFIELD 
VIA N. C. HIGHWAY 45; THENCE TO WINTON VIA N. C. HIGHWAY 
158; THENCE TO MAPLETON VIA N. C. HIGHWAY 158; THENCE TO 
MURFREESBORO VIA N. C. HIGHWAY 158, CONNECTING WITH U. S. 
HIGHWAY 258, AND RETURN OVER SAME ROUTE TO COLERAIN, 
WITH THE RIGHT TO SERVE INTERMEDIATE PLACES, AND 

2. TO EXTEND THE FRANCHISE NOW HELD BY THE APPLICANT 
WITH THE SAME RIGHTS AND PRIVILEGES FROM MIDWAY OVER 
A COUNTY ROAD TO MERRY HILL, A DISTANCE OF 1.7 MILES. 

Order 
Appearances: 

J. James Davis, South Norfolk, Va. Attorney for Applicant. 
Arch T. Allen, Raleigh, N. C. Attorney for Carolina Coach Co., 
Protestant. 

Winborne, Chairman 

This cause came on for hearing on June 14, 1946, and was heard by the full Com- 
mission upon the application of F. P. Hill, trading as Hill's Bus Line, in which a pas- 
senger bus franchise was asked for, as set out in the caption hereof. When said cause 
was called, the Carolina Coach Company, through its attorney, Arch T, Allen, stated 
to the Commission that in consideration of an agreement just reached between his 
client and the applicant, that the applicant did not hereafter intend to apply for any 
extension of the franchise if granted over any other route served by the Carohna 
Coach Company, the Carolina Coach Company was withdrawing its protest. 

The applicant offered the testimony of F. P. Plill and numerous other witnesses who 
testified as to the need for the service over the entire route, and the ability of the 
applicant to provide this service. 

After hearing the testimony of several witnesses, at the suggestion of the Commis- 
sion numerous other witnesses were tended but not examined. 

Upon a full consideration of the testimony, the Commission finds as a fact that 
public convenience and necessity has been shown for the serince applied for and that 
the applicant is able to provide proper service. 



Decisions and Adjustments of Complaints 321 

Wherefore It Is Ordered, that upon full compliance with the rules and regula- 
tions of the Commission, including the fiUng of proper insurance, a franchise certifi- 
cate will be issued to the applicant for the operation of a passenger bus line over the 
routes as set out in the caption hereof. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This the 27th day of June, 1946. 



Attest: 

Charles Z. Flack, Chief Clerk. 
Docket No, 3568. 



APPLICATION FOR APPROVAL OF TRANSFER OF PASSENGER CAR- 
RIER CERTIFICATE 575 AND CERTAIN OPERATING EQUIPMENT 
FROM F. P. HILL TO MRS. HATTIE J. HILL. 

Order 
It appears from an appHcation filed with the Commission that F. P. Hill and wife, 
Hattie J. Hill, have for reasons satisfactory to themselves, entered into an agreement 
for a division between themselves of certain of their properties under which agree- 
ment passenger carrier certificate 575, now in the name of F. P. Hill, d/b/a Hill's 
Bus Line. One 1945 29-passenger Ford bus and one 1946 29-passenger Ford bus is 
to be transferred to Mrs. Hattie J. Hill, free and clear of liens or debts upon approval 
of such transfer by the Commission. Upon consideration of the application, the 
Commission is of the opinion that the proposed transfer should be approved. 
It Is, Therefore, Ordered: 

1. That the proposed transfer of Certificate No. 575 and two 29-passenger Ford 
buses and aU rights, title, and interest therein from F. P. Hill to Mrs. Hattie J. Hill 
be, and the same is thereby, approved. 

2. That Certificate No. 575 now in the name of F. P. Hill, d/b/a Hill's Bus Line, 
be cancelled and a new certificate in lieu thereof issued to Mrs. Hattie J. Hill, d/b/a 
Hill's Bus Line, upon proper pubhcation of tariffs in the name of said transferee. 

This 3rd day of October, 1946. 

Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3776. 



APPLICATION OF JAMES W. HILL AND ALBERT E. HILL, d/b/a HILL'S 
TRUCK LINE, OF MURFREESBORO, NORTH CAROLINA, FOR A FRAN- 
CHISE CERTIFICATE TO TRANSPORT COTTON, PEANUTS, COTTON 
SEED, FRUITS, VEGETABLES, BASKETS, COOPERAGE STOCK, TOBAC- 
CO, FERTILIZER, HOUSEHOLD GOODS, FURNITURE AND LUMBER 
OVER THE FOLLOWING HIGHWAYS AND BETWEEN THE FOLLOW- 



21 



322 N. C. Utilities Commission 

ING POINTS: ORIGINATING FROM POINTS AND PLACES IN NORTH 
CAROLINA EAST OF WINSTON-SALEM TO POINTS AND PLACES IN 
NORTH CAROLINA EAST OF WINSTOM-SALEM. 

Order 
Before The Full Commission. 

Appearances: 

Applicant: 

Albert E. Hill, Murfreesboro, North Carolina 

Protestants: 

Marshall T. Spears — Burton Lines, Inc., Forbes Transfer 
Company, H. W. Miller, Vance Trucking Company, Inc., 
Transport Corporation of Virginia, Martin County Transfer 
Company, Inc., J. W. Hardy, Barnes Truck Line, Collins 
Transfer and Storage Company, Henderson Bonded Lines, 
Branch's Transfer and Smith's, Inc. 

C. R. Holmes — Fred's Truck Line 

Simms and Simms — Norfolk Southern Railway Company and 
Norfolk Southern Bus Corporation 

Hunter, Commissioner: The application for motor vehicle franchise rights as 
set out in the caption was heard in Raleigh on May 3, 1944. The applicants, James 
W. Hill and Albert E. Hill, are partners operating under the trade name of Hill's 
Truck Line, reside at Murfreesboro, North Carolina, and are engaged in the truck 
transportation business under said name. Mr. Albert E. Hill, one of the applicants, 
was the only witness before the Commission. He relies upon past operations to show 
public convem'ence and necessity for the proposed service. 

It appears from the testimony that both appUcants conducted a truck transporta- 
tion business as individuals for a number of years prior to 1939 and since said date 
have been operating as partners. Their operating equipment consists of two Mack 
tractors and two trailers or two units, one a 1939 and the other a 1940 model. 

Mr. Hill was very positive in his testimony that they did not haul anything intra- 
state during 1941, 1942, and 1943 other than tobacco. He further testified that there 
was no demand for transportation of other commodities named in the application. 
He testified that the tobacco which they transported was all hauled for the Transport 
Corporation of Virginia and for the Vance Trucking Company on the bills of lading of 
said carriers and that the volume transported by the applicants was about the same 
for each of these three years. He offered his records of certain tobacco movements 
for these carriers in 1943, showing dates, points of origin and destination, the weights 
of about one-half the shipments and the revenue received by applicants. The fol- 
lowing is our tabulation of the movement of tobacco shown by applicants: 

Hauled Under the Rights of The Transport Corporation of Virginia 

For the week ending September 4, 1943. Revenue 

Williamston to Durham $ 32.77 

Farmville to Wilson 14.96 

Wilson to Winston-Salem 149.22 

For the week ending September 11, 1943. 

Wilson to Winston-Salem 122.88 

Robersonville to Durham 31.34 

Rocky Mount to Winston-Salem 35.17 



Decisions and Adjustments of Complaints 323 

For the week ending September 25, 1943. Revenue 

Williamston to Durham $ 33.02 

Kinston to Wilson 18.04 

Rocky Mount to Wilson 10.97 

Washington to Winston-Salem 107.58 

Greenville to Winston-Salem 87.20 

Wilson to Winston-Salem 180.25 

Williamston to Durham 33.26 

Kinston to Wilson 18.10 

For the Week Ending October 9, 1943. 

Wilson to Winston-Salem 38.04 

Wilson to Winston-Salem 74.97 

Kinston to Wilson 38.09 

Wilson to Durham 277.28 

Farmville to Durham 57.81 

Wilson to Durham 252.65 

Farmville to Durham 57.81 

Wilson to Winston-Salem 74.98 

Kinston to Wilson 36.09 

For the Week Ending October 16, 1943. 

Wilson to Durham 48.70 

Farmville to Durham 29.54 

Robersonville to Durham 31.68 

Kinston to Durham 31.82 

Kinston to Wilson 18.18 

Wilson to Winston-Salem 148.14 

Rocky Mount to Wilson 11.83 

Durham to Farmville 6.94 

For the Week Ending November 6, 1943. 

Durham to Raleigh 2.00 

Durham to Wilson 5.00 

Greenville to Durham 31.96 

Smithfield to Durham 18.25 

Wilson to Durham 224.48 

Total $2,758.10 

Hauled under the Rights of Vance Trucking Company 

For the Week Ending August 12, 1943. Weight Revenue 

Wilson to Fairmont 12,200 $ 30.50 

Chadburn to Greenville 702 1.97 

Fairmont to Greenville 16,704 46.77 

Greenville to Fairmont 1,704 4.77 

Chadbourn to Greenville 4,372 12.25 

Fairmont to Greenville 19,552 54.75 

Fairmont to Greenville 19,594 54.85 

For the Week Ending August 21, 1943. 

Greenville— Local (236 cases) 23.60 

Fairmont to Greenville 19,310 54.07 

Greenville — Local (150 cases) 15.00 

Greenville—Local (360 cases) 36.00 



324 N. C. Utilities Commission 



Weight Revenue 

Fairmont to Greenville 19,872 $ 55.64 

Fairmont to Kinston 14,566 36.42 

Whiteville to Greenville 20,588 51.47 

Greenville to Whiteville 392 .98 

Chadbourn to Durham 2,506 6.27 

Whiteville to Durham 16,308 42.40 

For the week ending August 28, 1943. 

Whiteville to Henderson 18,094 47.04 

Fairmont to Greenville 20,220 50.55 

Greenville — Local 240 24.00 

Fairmont to Granville 21,092 52.23 

WhiteviUe to Henderson 19,930 51.82 

Fairmont to Greenville 21,704 54.26 

Greenville— Local 420 42.00 

For the week ending October 2, 1943. 

Rocky Mount to Kinston 23,370 35.06 

Total 293,440 % 884.67 

Grand Total of Revenue for Hauls Made under Rights of 
The Transport Corporation of Virginia and Vance 
Trucking Company $3,642.77 

Upon consideration of all the testimony, we are of the opinion that public con- 
venience and necessity has been shown for the proposed service in the transportation 
of unmanufactured tobacco and the necessary containers used in such transporta- 
tion. There is no testimony from which we can find any public demand or need for 
franchise rights to transport any of the other commodities named in the application. 

It Is, Therefore, Ordered: 

1. That the application of James W. Hill and Albert E. HiU, d/b/a Hill's Truck 
Line, Murfreesboro, North Carolina, for motor vehicle franchise rights to transport 
unmanufactured tobacco and containers therefor to, from and between all tobacco 
markets, tobacco storage houses and redrying plants within the State of North Caro- 
lina, east of and including Winston-Salem, be, and the same is hereby, granted, upon 
compliance by the applicants with the rules and regulations of the Commission. 

2. That the application with respect to the transportation of other commodities 
named therein be, and the same is hereby, denied. 

This the 14th day of December, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3045. 



I 



Decisions and Adjustments of Complaints 325 

THE APPLICATION OF R. L. HONEYCUTT. 

Order Disimissing Application 
This cause having been set for hearing on April 20, 1945, and the applicant having 
failed to appear, and it appearing from the records on file in this cause that the apph- 
€ant does not desire a hearing at this time, or at any time in the near future, 
It Is Ordered, that the application herein be dismissed. 
This 24th day of April, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred V. Hunter, Commissioner. 
Attest : 

Charles Z. Flack, Chief Clerk. 

Docket No. 3200. 

APPLICATION OF HARRY J. HOWARD OF MONROE, NORTH CAROLINA, 
FOR AUTHORITY TO TRANSPORT INDUSTRIAL WORKERS TO AND 
FROM THE PLANT OF THE NATIONAL CARBON COMPANY, INC., OF 
CHARLOTTE, NORTH CAROLINA. 

Order 
The above-named Harry J, Howard, having applied to the Commission for au- 
thority to transport industrial workers living in Monroe and vicinity and along U. S. 
Highway No. 74 between Monroe and Charlotte to and from their place of employ- 
ment at the plant of the National Carbon Company, Inc., located five miles west of 
the corporate limits of the City of Charlotte, which said application is supported 
by the Fourth Service Command of Atlanta, Georgia, and by the National Carbon 
Company, Inc., by a letter addressed to the Commission dated January 9, 1945, 
which reads in part as follows : 

"For your information, we are engaged in the manufacture of dry cell batteries, 
100 per cent of which are being used by the United States Army Signal Corps on 
the various battle fronts. We have been unable to secure enough employees in 
this immediate area to fully staff our plant, and we therefore urge you to grant 
this permit in order that we may transport approximately 50 people from the 
Monroe area." 

Upon consideration of said appUcation, the Commission is of the opinion and finds 
-that the proposed service is excepted from the provisions of the Motor Vehicle Carrier 
Act by amendment thereto as set out in Chapter 111, Public Laws of 1935, which said 
:amendment provides among other things that said Act shall not apply "to motor 
vehicles used exclusively in the transportation of bona fide employees of an industrial 
plant to and from their places of regular employment"; and said carrier is so classified 
by the Commission and authorized to transport said industrial workers to and from 

their place of employment at the plant of the National Carbon Company, Inc., in 
motor vehicles used exclusively for that purpose. 
Issued this 10th day of January, 1945. 
By Order of the North Carolina Utilities Commission. 

Stanley Winborne, Chairman 
Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 3236. 



326 N, C. Utilities Commission 

HOWARD MOTOR LINES, INC., GASTONIA, NORTH CAROLINA 

To Whom It May Concern: 

This certifies that the name of Ross Motor Lines, Inc., an intrastate common car- 
rier of property by motor vehicle, whose principal office in North Carolina is located 
in the City of Gastonia, has been changed to Howard Motor Lines, Inc., by amend- 
ment to its certificate of incorporation, a copy of which amendment, authenticated 
by the Secretary of State of North Carolina on January 2, 1945, has been filed with 
the North CaroUna Utilities Commission and the same approved in so far as the law- 
requires or permits approval by said Commission, and its records have been corrected 
to show the change of name from Ross Motor Lines, Inc., to Howard Motor Lines, 
Inc. 

Issued by Order of the Commission. 

This the 9th day of January, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 

Docket No. 3234. Charles Z. Flack, Chief Clerk. 

APPLICATION FOR APPROVAL OF SALE AND TRANSFER BY INDE- 
PENDENT BUS LINES OF ITS OPERATING RIGHTS AND PROPERTIES 
UNDER CERTIFICATES 521 AND 539 TO SIDDEN BUS|LINES. 

Order 

Hunter, Commissioner: It appearing that Independent Bus Lines of Winston- 
Salem, a limited partnership doing business as Blue Eagle Bus Lines under franchise 
certificate No. 521, and also doing business as City Transit Lines under franchise 
certificate No, 539, has entered into an agreement, dated October 29, 1945, with 
Sidden Bus Lines, a limited partnership with its principal place of business in Win- 
ston-Salem, which said partnership is composed of C. C. Sidden, General Partner,. 
North Wilkesboro, N. C, M, Joyce Sidden, Limited Partner, North Wilkesboro, 
N. C, and J. Earl Sidden, Limited Partner, Winston-Salem, N. C, for sale and trans- 
fer to said Sidden Bus Lines of the operating rights as set out and described in said 
certificates Nos. 521 and 539, together with certain buses, real estate, and other prop- 
erties for an agreed purchase price of $77,500, copies of which said sales agreement and 
limited partnership agreement of Sidden Bus Lines have been filed with the Com- 
mission; 

And it further appearing that the value of property contributed or to be contrib- 
uted to Sidden Bus Lines by said partners is as follows: C. C. Sidden, General Part- 
ner, $38,750; M. Joyce Sidden, Limited Partner, $19,375; J. Earl Sidden, Limited 
Partner, $19,375; total $77,500; 

And it further appearing that the said sales agreement includes properties and 
rights, other than the operating rights, of Independent Bus Lines imder said certifi- 
cates Nos. 521 and 539, the sale and transfer of which the Commission is not author- 
ized to approve or disapprove under the provisions of G. S. 62-107; 

And it further appearing from the financial statement filed by Sidden Bus Lines 
and from statements relating to the experience of said partners in bus transportation 
that said purchasers have the financial ability and are otherwise quaUfied to perform 
the transportation service authorized by said franchise certificates, and that the sale 
and transfer of said operating rights is not inconsistent with the public interest; 

It Is, Therefore, Ordered: 

1. That the sale and transfer by Independent Bus Lines of its franchise certificates. 
Nos. 521 and 539, with all rights and privileges therein granted by the Commission,. 



Decisions and Adjustments of Complaints 327 

to Sidden Bus Lines be, and the same is hereby approved; provided, however, that 
the purchase price recited in said sales agreement shall not be construed as an ap- 
proved rate base for computing a return on investiment for rate making purposes. 

2. That certificates Nos. 521 and 539 be cancelled and that a new franchise certifi- 
cate issued in lieu thereof to Sidden Bus Lines upon notice to the Commission that it 
is ready to begin operations and upon filing with the Commission a description of the 
equipment to be used and insurance covering the same, as required by law. 
By order of the North Carolina Utilities Commission. 
This the 1st day of November, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3428. 

APPLICATION OF JACKSON COUNTY TRANSIT COMPANY FOR FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER 
FOR TRANSPORTATION OF INDUSTRIAL WORKERS, PASSENGERS, 
WITH LIGHT BAGGAGE OVER THE FOLLOWING ROUTES: (a) BE- 
GINNING AT A POINT ON U. S. HIGHWAY NOS. 19 AND 23, AT A POINT 
ONE MILE EAST OF THE CITY LIMITS OF SYLVA AND RUNNING 
THENCE ALONG SAID HIGHWAY ONE-HALF MILE TO BETA, THENCE 
LEAVING SAID HIGHWAY AND TRAVELING AN UNNUMBERED 
COUNTY ROAD DOWN COPE CREEK TO THE INTERSECTION OF SAID 
UNNUMBERED COUNTY ROAD WITH HIGHWAY NO. 107 JUST OUT- 
SIDE THE CORPORATE LIMITS OF SYLVA ON THE SOUTH. THE 
POINT OF INTERSECTION WITH HIGHWAY NO. 107 IS WITHIN ONE 
MILE OF THE CORPORATE LIMITS OF THE TOWN OF SYLVA. THE 
OPERATION OF THE BUS ON THAT PART OF U. S. HIGHWAY NO. 19 
AND 23 BETWEEN ONE MILE FROM THE CORPORATE LIMITS OF 
THE TOWN OF SYLVA AND BETA WOULD BE WITH CLOSED DOORS. 
THE DISTANCE OVER THE UNNUMBERED COUNTY ROAD IS 2.11 
MILES, (b) BEGINNING AT A POINT ON HIGHWAY NO. 107 ONE MILE 
SOUTH OF THE CORPORATE LIMITS OF THE TOWN OF SYLVA, N. C, 
AND RUNNING ALONG HIGHWAY NO. 107 (WITH CLOSED DOORS) 
A DISTANCE OF THREE-TENTHS OF A MILE TO THE INTERSECTION 
OF HIGHWAY NO. 107 AND HIGHWAY NO. 116, THEN FOLLOWING 
HIGHWAY NO. 116 A DISTANCE OF APPROXIMATELY TWO AND ONE- 
HALF MILES, PASSING THROUGH WEBSTER, N. C. AND ON TO THE 
SIDNEY COWEN FARM. APPROXIMATELY 2^ MILES. 

Order 
Before Commissioner Johnson. 

Appearances: For AppUcant: Mr. Hugh Monteith, Sylva, N. C. 

For Protestant: Mr. T. A. Uzzell, Jr., Asheville, N. C, for 
Smoky Mountain Stages. 

After due notice as required by law the application herein came on for hearing at 
Asheville, North CaroUna, on the 1st day of March, 1946, and from the testimony 
the Commission finds the following facts: 



328 N. C. Utilities Commission 

1. The application of Jackson County Transit Company in Exhibit "A" seeks 
permission to transport passengers, industrial workers, with light baggage, to and 
over the routes set out in the application. The notice of application which was pub- 
lished in The Sylva Herald omitted the word "passengers" which would indicate 
that it only applied for permission to transport industrial workers. The Smoky 
Mountain Stages raises the point that the notice was misleading in that it omitted 
the word "passengers." Therefore, said Smoky Mountain stages did not file a plea of 
intervention. No opposition appeared to the application except the Smoky Mountain 
Stages. 

2. Jackson County Transit Company was allowed to amend its application to the 
extent that sW passengers originating in Sylva and destined to points beyond Beta 
should be discharged at a point not less than 200 yards South of Beta on an unnum- 
bered highway, and all passengers originating over the routes applied for and destined 
to Sylva should not be picked up within 200 yards of the intersection of said unnum- 
bered highway with Highway 19 and 23 at Beta. Jackson County Transit Company 
further agreed that it will operate with closed doors from a point 200 yards South of 
Beta on the unnumbered highway to a point one mile East of the Town of Sylva to 
where it is now operating. The Jackson County Transit Company further agreed 
that it will operate with closed doors from a point 200 yards South from the inter- 
section of Highways 116 and 107 to a point one mile West of the Town of Sylva. 
However, all passengers originating at the intersection of Highways 107 and 116 des- 
tined to Webster the applicant is permitted to pick up at the intersection and dis- 
charge passengers originating at Webster and points between Webster and the inter- 
section to be discharged at the intersection. 

3. The Jackson County Transit Company is now operating in the Town of Sylva. 

4. The evidence offered was ample to show convenience and necessity over the 
routes applied for as amended. 

Therefore, It Is Ordered, That franchise certificate be issued to the applicant 
when it has complied with all the rules and regulations of this commission, to trans- 
port passengers and baggage over the routes applied for as amended in Paragraph 2 
hereof. 

This 25th day of March, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3422. 

APPLICATION FOR APPROVAL OF SALE OF FRANCHISE CERTIFICATE 
NO. 1016 IN THE NAME OF H. P. JOHNSON d/b/a JOHNSON TRANSFER, 
DUNN, N. C, TO E. W. McLEOD, JR., d/b/a EDMAC TRUCKING CO., 
FAYETTEVILLE, N. C. 

Order 

Upon consideration of the above captioned matter, and it appearing to the Com-4H 
mission that the said vendee has purchased the interstate rights of the vendor undeifl 
I. C. C. Certificate No. MC 80018, which authorizes among other things the trans- 
portation of cotton in the bale and leaf tobacco in interstate commerce, and that the 
said vendee has the equipment, the experience and the financial ability to perform 
the intrastate service now and heretofore performed by the said vendor under this 



Decisions and Adjustments of Complaints 329 

Commission's Certificate No. 1016 and that the proposed sale of said rights to the 
said vendee will not be against pubUc interest, 

It Is Thekefore Ordered: 

1. That the sale by H. P. Johnson d/b/a Johnson Transfer, Dunn, N. C, of all 
operating rights and privileges under Franchise Certificate No. 1016 to E. W. Mc- 
Leod, Jr., d/b/a Edmac Trucking Co., Fayetteville, N. C, for the sum of $200.00, be 
and the same is hereby approved. 

2. That Franchise Certificate No. 1016 now in the name of H. P. Johnson d/b/a 
Johnson Transfer be cancelled and the certificate in lieu thereof granting the same 
rights be issued to the said E. W. McLeod, Jr., d/b/a Edmac Trucking Co., upon 
the registration of its equipment with the Commission and upon filing acceptable 
insurance covering the same. 

3. That a copy of this order be mailed to the said vendor and to the said vendee. 

This the 20th day of April, 1945. 

Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 
. Docket No. 3314. 

APPLICATION OF J. F. JONES FOR AUTHORITY TO OPERATE A PAS- 
SENGER SERVICE FROM HOBGOOD TO TARBORO. 

Order Dismissing Application 

This cause was heard in Raleigh on February 14, 1946. The application was sup- 
ported by the testimony of the applicant alone, which was not sufficient to show pub- 
lic convenience and necessity for the proposed route, the Commission being of the 
opinion from the testimony offered that the service would not pay the actual expense 
of operation. 

Thereafter, under date of August 14, 1946, the Commission advised the applicant 
by letter that it would set the matter down for additional testimony, if the applicant 
so desired, but no further word has been received from the applicant, and the appli- 
cation is, therefore, denied and the cause dismissed. 

Issued by Order of the Commission. 

This the 4th day of December, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 

Docket No. 3431. 

APPLICATION OF K. & S. TRANSPORTATION COMPANY FOR FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER 
TO TRANSPORT PASSENGERS ONLY BEGINNING AT INTERSECTION 
OF SPRING AND ANDREWS STREETS IN BURLINGTON, RUNNING 
THENCE ALONG ANDREWS STREET NORTH TO CHURCH STREET; 
THENCE ALONG CHURCH STREET NORTHEAST TO TRADE STREET; 
THENCE ALONG TRADE STREET TO FISHER STREET; THENCE 
ALONG FISHER STREET NORTHEAST TO RAUHUT STREET; THENCE 
ALONG RAUHUT STREET NORTH TO FORKS OF HOPEDALE AND 
GLENCOE ROADS ABOUT TWO MILES NORTH OF BURLINGTON. 
(ALL OF ABOVE ROUTE WITH CLOSED DOORS BETWEEN THE BE- 
GINNING POINT AND FORKS OF GLENCOE AND HOPEDALE ROADS); 



330 N. C. Utilities Commission 

AND THENCE ALONG N. C. NO. 144 TO THE BRIDGE OVER HAW 
RIVER, AT THE VILLAGE OF GLENCOE ON SAME HIGHWAY; THENCE 
ALONG SAME HIGHWAY THROUGH VILLAGE OF GLENCOE TO THE 
VILLAGE OF LAKE VIEW, AT J. T. SMITH'S STORE; TURNING AROUND 
AT SAID STORE AND COMING BACK TOWARD VILLAGE OF GLEN- 
COE TO DIRT ROAD NEAR SCHOOL HOUSE, AND TAKING LEFT ON 
DIRT ROAD LEADING TO VILLAGE OF HOPEDALE, AND TURNING 
RIGHT AT THE VILLAGE OF HOPEDALE ON N. C. .__.AND CROSSING 
BRIDGE OVER HAW RIVER; THENCE ALONG SAID HIGHWAY TO 
FORKS OF GLENCOE AND HOPEDALE ROADS (AT THIS POINT DOORS 
ARE TO BE CLOSED AND NO PASSENGERS TAKEN ON OR PUT OFF 
BETWEEN THIS POINT AND BEGINNING POINT); AND THENCE 
ON TO THE BEGINNING POINT WITH CLOSED DOORS. 

Order 
Appearances: For the Applicant: 

Louis C. Allen and W. Dennis Madry, Burlington, N. C. 

For the Protestant: 
Emerson T. Sanders, Burlington, N. C, for M. & B. Transit 
Lines, Inc. 

Johnson, Commissioner: 

The AppUcant seeks in this application to transport passengers over the routes set 
out in the caption hereof. 

The City of Burlington is a great manufacturing center. Numerous mills and mill 
villages are located in and adjacent to the City of Burlington. On the routes applied 
for there are located some two or three mills. 

There are many of the employees of these mills who live in the City of Burhngton 
and on roads leading out of Burlinglon now served by the M. & B. Transit Lines, Inc. 
If the employees of these mills living along the routes applied for in the instant ap- 
phcation were to use the services offered by the Applicant it would be necessary for 
them to also use the services of M. & B. Transit Lines, Inc., if they lived along the 
routes served by M. & B. Transit Lines, Inc., and they would have to pay two fares; 
one to the M. & B. Transit Lines, Inc., and one to the Applicant. 

The M. & B. Transit Lines, Inc., are giving service to most of the citizens living 
in the area of Burlington, and in the opinion of this Commission the M. & B. Transit 
Lines, Inc., are in better position than the Applicant to render service over the routes 
applied for in this application. 

It Is, Therefore, Ordered, That the Application of K. & S. Transportation 
Company be, and the same is hereby denied. 

This 30th day of May, 1946, 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3395. 

APPLICATION OF KEY CITY TRANSIT COMPANY, BLACK MOUNTAIN, 
N. C, FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR VE- 
HICLE CARRIER FOR THE TRANSPORTATION OF PASSENGERS 



Decisions and Adjustments of Complaints 331 

FROM BLACK MOUNTAIN TO THE MONTREAT GATE, AND RETURN 
OVER ROTUE NO. 65, A DISTANCE OF TWO MILES; FROM BLACK 
MOUNTAIN TO THE RIDGECREST STORE VIA NO. 70, AND RETURN, 
A DISTANCE OF TWO MILES; FROM BLACK MOUNTAIN RUNNING 
SOUTHWARDLY ON THE BLUE RIDGE PAVED ROAD AS IT CIRCLES 
SOUTHWARDLY AND WESTWARDLY TO WHERE IT INTERSECTS 
WITH SOUTH MARGIN OF NO. 10, ABOUT TWO MILES WEST OF BLACK 
MOUNTAIN, AND THEN WESTWARDLY ON NO. 70, WITH CLOSED 
DOORS, TO THE EAST APPROACH OF MOORE GENERAL HOSPITAL; 
AND THENCE FROM THERE ON THE BLACK MOUNTAIN COLLEGE 
ROAD AROUND BY SAID COLLEGE AND BACK INTO BLACK MOUN- 
TAIN OVER THE CRAIGMONT DIRT ROAD, A DISTANCE OF APPROX- 
IMATELY FIVE MILES. AT THE EAST APPROACH OF THE MOORE 
GENERAL HOSPITAL AND THE BEGINNING OF THE BLACK MOUN- 
TAIN COLLEGE ROAD, DOORS WILL BE OPEN FOR TRANSPORTATION 
OF PASSENGERS BACK INTO BLACK MOUNTAIN ALONG THE ROUTE 
ABOVE INDICATED. 

Order 
Appearances: For the Applicant: 

Ronald E. Finch, Black Mountain, N. C. 

For the Protestant: 
L. B. HoUowell, Gastonia, N. C, for Queen City Coach Com- 
pany. 

Johnson, Commissioner: 

The Applicant, Key City Transit Company, filed application for authority to 
transport passengers over the routes and area described above. 

The Queen City Coach Company filed application to transport passengers over 
certain highways in a part of the same area which this application covers. 

The Commission being of the opinion that the services offered by the Queen City 
Coach Company in Docket No. 3441 would better serve the people of this section of 
Buncombe County than those offered by the Applicant; 

It Is Therefore Ordered, That the application of Key City Transit Company, 
Black Mountain, N. C, be, and the same is, hereby denied. 

This 30th day of May, 1946. 

Stanley Winborne, Chairman 

Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 3376. 

PETITION OF THE KINSTON TRANSIT COMPANY FOR AUTHORITY 
TO DISCONTINUE BUS SERVICE BETWEEN KINSTON AND THE 
KINSTON AIRPORT. 

Order 

Upon consideration of the above Petition, it appears that public convenience and 
necessity no longer require the bus service heretofore performed by the petitioner 
between Kinston and the Kinston Airport, and that notice of said Petition for au- 
thority to discontinue bus service between these points has been duly published in 
the Kinston Daily Free Press to which no protest has been filed with, or made known 
to, the Commission. 



J2 N. C. Utilities Commission 

It Is Therefore Ordered : 

1. That the Petition of the Kinston Transit Company for authority to discontinue 
bus service between Kinston and the Kinston Airport be, and the same is, 
hereby granted. 

2. That said petitioner mail its original franchise certificate to the Commission to 
the end that said certificate may be amended by striking therefrom the route 
above described. 

This 1st day of May, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 
Docket No. 2894. 



APPLICATION OF C. A. LEA t/a LEA TRANSPORTATION COMPANY OF 
ALAMANCE COUNTY, N. C, FOR APPROVAL OF HIS FRANCHISE 
RIGHTS OF BUSES AND OTHER PROPERTY TO M & B TRANSIT LINES 
INC., A NORTH CAROLINA CORPORATION HAVING ITS PRINCIPAL 
OFFICE IN THE CITY OF BURLINGTON, N. C. 

Order 
WiNBORNE, Chairman: 

This Matter came before the Commission upon an application, dated January 
31, 1945, signed by C. A. Lea, Vendor, and M & B Transit Lines, Inc. by R. C. Bay- 
lor, President, Vendee, asking that the Commission approve the sale of the franchise 
rights, equipment and other properties connected with the operation of the city bus 
line in Burlington and Graham by C. A. Lea to M & B Transit Lines, Inc. 

It was made to appear to the Commission from the petitions and the exhibits at- 
tached thereto, that the principal purpose of the sale is to incorporate the present 
operation of C. A. Lea, and that the said C. A. Lea is to be Vice President and General 
Manager of the M & B Transit Lines, Inc. 

It was further made to appear that P. C. Baylor is President of the new corporation, 
and that W. R. Massey is Secretary and T. R. Keesee is Assistant Manager. Both 
Massey and Keesee are men of experience in motor truck operation and the said 
Keesee has been Assistant Manager of C. A. Lea Transportation Company for a 
period of fourteen years. 

Upon consideration of the petition and exhibits and the representations of both 
C. A. Lea and P. C. Baylor, the Commission is of the opinion that the sale of the line 
to the corporation will be in the public interest and that the additional capital will 
enable the corporation to improve its service. 

Wherefore It Is Ordered, that the said sale be and the same is hereby approved 
and the Chief Clerk of this Commission is authorized and directed to transfer the 
franchise certificate from C. A. Lea t/a Lea Transportation Company to M & B 
Transit Lines, Inc. 



This the 6th day of February, 1945. 



Attest: 
Charles Z. Flack, ChieJ Clerk. 

Docket No. 3248. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson. Commissioner. 



Decisions and Adjustments of Complaints 333 

APPLICATION OF GLENN RAY, d/b/a LEICESTER BUS LINE, ASHLAND 
AVENUE, ASHEVILLE, NORTH CAROLINA, FOR A FRANCHISE CER- 
TIFICATE TO TRANSPORT PASSENGERS FROM THE INTERSECTION 
OF NEWFOUND ROAD AND COUNTY HOME ROAD IN A NORTH- 
WESTERLY DIRECTION OVER NEWFOUND ROAD TO HALL'S STORE; 
THENCE IN A SOUTHWESTERLY DIRECTION, STILL OVER NEW- 
FOUND ROAD, BY GRACE CHAPEL, ZION HILL CHURCH ON THE NEW- 
FOUND GAP, TO THE DIVISION LINE OF BUNCOMBE AND HAYWOOD 
COUNTIES, A TOTAL DISTANCE OF SOME TEN MILES, AND RETURN 
OVER SAME ROUTE; AND FROM LEICESTER, N. C, OVER AN UN- 
NAMED COUNTY ROAD IN A SOUTHERLY DIRECTION TO HALL'S 
STORE, A DISTANCE OF ABOUT TWO MILES, AND RETURN OVER 
SAME ROUTE. 

Order 

Before Commissioner Hunter: 

Appearances: 

For the Applicant: 

T. A. Uzzell, Jr., Asheville, North Carolina. 

For the Protestant: 

H. C. Jarvis, Asheville, North Carolina, for Asheville-Elk 
Mountain Bus Line. 

Hunter, Commissioner: This application for franchise rights to transport pas- 
sengers over the route described in the caption came on for hearing in Asheville on 
November 15, 1945, 

The appUcant and the protestant now both operate between Asheville and Leices- 
ter, the former operating over the County Home Road and the latter operating over 
N. C. Highway 63, The two roads converge at a point just east of Leicester, from 
which point both carriers operate over the same highway to Leicester. The route 
here proposed enters Leicester from the south through a section not served by pro- 
testant, connecting with the Newfound Road at Hall's Store, from which it connects 
with the applicant's present operation over the County Home Road, no part of the 
proposed service being in the immediate territory served by protestant. While the 
application was strenuously opposed by protestant, particularly that segment of the 
route between Leicester and Hall's Store, it does not appear that the present com- 
petitive position of the parties will be materially changed, if at all. The evidence 
shows a substantial need for the service, and the hearing Commissioner is of the opin- 
ion and finds that it will not adversely affect the revenue or operating rights of the 
protestant. 

It Is, Therefore, Ordered: 

1, That the appUcation of Glenn Ray, d/b/a Leicester Bus Line, for franchise 
rights to transport passengers over the highways described in the caption, be, and 
the same is hereby, granted, the appUcant's certificate to be amended accordingly 
and operations to begin upon receipt by the apphcant of its franchise certificate 
amended as herein authorized; 

2. That this matter having been heard by one member of the Commission, the 



334 N. C. Utilities Commission 

findings and order herein will become the findings and order of the full Commission 
unless exceptions are filed thereto within ten days from the date hereof. 
This the 31st day of January, 1946. 

Stanley Winborne, Chairman 
Attest: Fred C. Hunter, Commissioner 

Charles Z. Flack, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 3388. 

DOCKET NO. 3389— APPLICATION OF GLENN RAY, d/b/a LEICESTER 
BUS LINE, ASHLAND AVENUE, ASHEVILLE, NORTH CAROLINA, FOR 
A FRANCHISE CERTIFICATE TO TRANSPORT PASSENGERS FROM A 
POINT ON QUEEN'S ROAD WHERE BEAVERDAM ROAD INTERSECTS, 
OVER BEAVERDAM ROAD WEST FOR A DISTANCE OF ABOUT THREE 
MILES, TO JACKSON'S STORE; THENCE NORTHWEST FROM JACK- 
SON'S STORE TO A POINT WHERE BEAVERDAM ROAD INTERSECTS 
WITH SOUTH HOMINY ROAD NEAR WARREN CREEK FOR A DIS- 
TANCE OF ABOUT TWO MILES; THENCE OVER APPLICANT'S PRES- 
ENT FRANCHISE ROUTE ON SOUTH HOMINY ROAD IN A SOUTH- 
WESTERLY DIRECTION TO A POINT WHERE DAVIS CREEK ROAD 
INTERSECTS SOUTH HOMINY ROAD; THENCE OVER DAVIS CREEK 
ROAD IN A NORTHWESTERLY DIRECTION FOR A DISTANCE OF 
ABOUT TWO MILES AND RETURN. 

DOCKET NO. 3391— APPLICATION OF H. & L. BUS LINE, ROUTE 1, CAND- 
LER, NORTH CAROLINA, FOR A FRANCHISE CERTIFICATE TO 
TRANSPORT PASSENGERS FROM THE INTERSECTION OF GLADY 
FORK ROAD AND PISGAH HIGHWAY, THREE MILES IN AN EASTERLY 
DIRECTION OVER GLADY FORK ROAD, TO INTERSECTION OF 
GLADY FORK ROAD AND BEAVERDAM ROAD; THENCE NINE MILES 
OVER BEAVERDAM ROAD IN A NORTHEASTERLY DIRECTION TO 
INTERSECTION OF BEAVERDAM AND SAND HILL ROADS; THENCE 
FOUR MILES (WITH CLOSED DOORS) OVER SAND HILL ROAD IN AN 
EASTERLY DIRECTION TO INTERSECTION OF SAND HILL AND OAK 
VIEW ROADS WITH BREVARD ROAD; THENCE TWO AND ONE-HALF 
MILES (WITH CLOSED DOORS) IN A NORTHEASTERLY DIRECTION 
TO INTERSECTION OF BREVARD AND HAYWOOD ROADS; THENCE 
TWO MILES IN AN EASTERLY DIRECTION TO INTERSECTION OF 
HAYWOOD ROAD WITH CLINGMAN AVENUE; THENCE ONE-HALF 
MILE IN A NORTHEASTERLY DIRECTION TO INTERSECTION OP 
CLINGMAN AND PATTON AVENUES; THENCE ONE-HALF MILE IN 
AN EASTERLY DIRECTION TO ASHEVILLE TERMINUS; AND RETURN 
OVER SAME ROUTE. 

Order 

Before Commissioner Hunter. 

Appearances: 

For Leicester Bus Line: 

T. A. Uzzell, Jr., Asheville, North Carolina. 

For H. & L. Bus Line: 

Sam M. Cathey, Asheville, North Carolina. 

Hunter, Commissioner: The applications set out in the caption were filed in the 
order named, consolidated for hearing, and heard in Asheville on November 15, 1945. 



Decisions and Adjustments of Complaints 335 

It appears from the drawings offered at the hearing and from the oral testimony 
that the two applications herein are for operating rights over the same highways and 
in the same area to the extent that it is not feasible to grant both. The matter is 
further complicated by the fact that, in addition to the duplications involved in the 
present applications, Glen Ray, the applicant in Docket No. 3389, holds franchise 
rights and now operates over the highways known as Sand Hill Road and South 
Hominy Road, which traverse the general section of the proposed service, resulting 
in proposed closed-door operations by Hinson and London over lengthy segments of 
their proposed route. Such an operation is seldom satisfactory to the traveling public 
or to the carrier and is usually not observed by drivers. 

Upon consideration of the entire record, the hearing Commissioner is of the opinion 
and finds that, as between the two appUcations, Glenn Ray is in a better position, by 
reason of his long, continued operation as a franchise carrier in the immediate section 
involved, to render a better service. 

It Is, Therefoke, Ordered: 

1. That the appUcation of Glenn Ray, d/b/a Leicester Bus Line, for franchise 
rights to transport passengers over the route described in Docket No. 3389, be, and 
the same is hereby, granted, operations to begin upon receipt by the applicant of an 
amendment to his franchise certificate as herein authorized. 

2. That the application of Hinson and London, d/b/a H. & L. Bus Line, as set 
out above in Docket No. 3391, be, and the same is hereby, denied. 

3. That the applications herein having been heard by one member of the Commis- 
sion, the findings and order herein will become the j&ndings and order of the full 
Commission unless exceptions are filed thereto within ten days from the date hereof. 

This the 31st day of January, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Dockets Nos. 3389 and 3391. 

APPLICATION OF GLENN RAY, d/b/a LEICESTER BUS LINE, FOR OPER- 
ATING RIGHTS BETWEEN NEWFOUND GAP AND CANTON. 

Order 
Appearances: J. M. Horner, for applicant 

Williams, Cocke & Williams, for Smoky Mountain Stages 
T. A. Uzzell, Jr., for Smoky Mountain Stages 

Hunter, Commissioner: This application came on for hearing at Asheville on 
June 3, 1946, and was heard without protest or opposition. 

It appears from the application and from the testimony offered that the applicant 
now holds a certificate issued by the Commission authorizing the transportation of 
passengers over certain routes between Asheville and Leicester and a point known as 
Newfound Gap, which is located on an unnumbered road near the Buncombe-Hay- 
wood county line, and that the applicant seeks by the present appUcation to extend 
said route over said unnumbered road, which I referred to in the testimony as New- 
found Road, from Newfound Gap to Canton, a distance of some six or seven miles. 

It further appears from the application and from the testimony that the "applicant 
will not accept passengers for through transportation from Canton to Asheville, or 
from Asheville to Canton, to the end that there will be no competition on said route 



336 N. C. Utilities Commission 

between applicant and the bus lines operating over U. S. 19 and U. S. 23 between 
Canton and Asheville." 

The application was well supported by testimony of witnesses living in the area 
of the proposed service and from whose testimony the Commission finds public con- 
venience and necessity therefor subject to the restrictions quoted from the applica- 
tion in the next preceding paragraph. 

It Is Therefore Ordered: That the application of Glenn Ray, d/b/a Leicester 
Bus Line, for a certificate authorizing the transportation of passengers from New- 
found Gap near the Buncombe-Haywood County line over an unnumbered road 
known as Newfound Road to Canton and return be and same is hereby granted 
subject to the restrictions herein above quoted from the application, the applicant's 
certificate to be amended accordingly upon its delivery to the Commission. 
Issued by order of the Commission this 20th day of June, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3602. 

APPLICATION OF H. D. McLEAN, d/b/a LENOIR MOTOR COACH COM- 
PANY. 

Order 

On April 11, 1945, the Commission received the following wire: "Please cancel 
hearing for April 17 Docket 3265 and withdraw application. Letter follows, (s) H. D. 
McLean." 
It Is, Therefore, Ordered that the above application be dismissed. 
This the 12th day of April, 1945. 

Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3265. 

APPLICATION OF LENOIR MOTOR COACH COMPANY FOR AUTHORITY 
TO TRANSPORT PASSENGERS FROM WARRIOR TO PATTERSON ON 
HIGHWAY 321 AND 321-A; FROM INTERSECTION AT WHITNEL TO 
PATTERSON ON HIGHWAY 321-A; EXTENSION FROM JOHNS RIVER 
ON CONNELLY SPRINGS ROAD VIA RUTHERFORD COLLEGE, A DIS- 
TANCE OF 3 MILES, OVER UNNUMBERED COUNTY ROAD TO HIGH- 
WAY NO. 70; FROM HIGHWAY NO. 70 TO VALDESE, A DISTANCE OF 
APPROXIMATELY 13^ MILES; EXTENSION FROM CLARES CHAPEL 
OVER UNNUMBERED HIGHWAY THROUGH BY AIRPORT AND AN- 
TIOCH CHURCH TO DREXEL, A DISTANCE OF APPROXIMATELY 9 
MILES; OVER UNNUMBERED HIGHWAY LEADING FROM HIGHWAY 
NO. 321, NEAR GRANITE FALLS, THROUGH BY STUBBS FARM AND 
DRY PONDS TO CONNELLY SPRINGS ROAD, A DISTANCE OF AP- 
PROXIMATELY 4 MILES; FROM WHITNEL TO GRANITE FALLS ON 
HIGHWAY NO. 321; EXTENSION FROM DUDLEY SHOALS TO GRANITE 
FALLS FROM GRANITE FALLS THROUGH BY MILL VILLAGE TO 



I 



Decisions and Adjustments of Complaints 337 

GRACE CHAPEL, A DISTANCE OF 3 MILES; THENCE FROM GRACE 
CHAPEL TO DUDLEY SHOALS ROAD, A DISTANCE OF 2 MILES OVER 
UNNUMBERED HIGHWAY; FROM GRANITE FALLS TO RHODHISS; 
THENCE OVER UNNUMBERED HIGHWAY, A DISTANCE OF APPROX- 
IMATELY 7 MILES, TO HIGHWAY NO. 70; OVER HIGHWAY NO. 70, A 
DISTANCE OF APPROXIMATELY 2i^ MILES, INTO BUS TERMINAL 
IN HICKORY. 

Order 
Before Commissioner Johnson. 

Appearances: For the Applicant: 

W. H. Strickland, Lenoir, N. C. 

L. H. Wall, Lenoir, N. C. 

L. M. Abernethy, Granite Falls, N. C. 

For the Protestants: 

J. L. Murphy, Hickory, N. C, for City Bus Lines, Inc. 
J. E. Butler, Morganton, N. C, for Burke Transit Company. 
L. B. Hollowell, Gastonia, N. C, and 
Frank C. Patton, Morganton, N. C, 
for Queen City Coach Company. 

Johnson, Commissioner: 

This cause coming on to be heard before Commissioner Johnson at the Courthouse 
in Morganton, N. C, on the 10th day of April, 1946. 

The evidence offered by the applicant in the instant application showed that the 
area covered by the application is highly industrialized and that there are many 
employees of the various plants located on the routes applied for; that there is no 
other transportation company serving the routes applied for; and convenience and 
necessity having been shown; 

It Is, Therefore, Ordered, That the application of Lenoir Motor Coach Com- 
pany be, and the same is, hereby granted, to operate as a carrier of passengers over 
the following routes: 

1. From Granite Falls over an unnumbered highway leading through and by 
Stubbs Farm and Dry Ponds to Connelly Springs Road, a distance of approximately 
4 miles. 

2. From Dudley Shoals to Granite Falls over an unnumbered highway; thence 
from Granite Falls by the Mill Village to Grace Chapel over an unnumbered highway, 
& distance of approximately 3 miles; thence from Grace Chapel to Dudley Shoals 
Road over an unnumbered highway, a distance of approximately 2 miles, and return 
over the same route. 

3. From Catawba River over an unnumbered county road to the Valdese General 
Hospital at Rutherford College, a distance of 3 miles. 

All other routes appUed for are hereby denied. 

That certificate be issued when the appUcant has complied with the rules, regula- 
iiions and requirements of this Commission. 
This 8th day of July, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

Charles Z. Flack, Chief Clerk. 

Docket No. 3426. 



338 N. C. Utilities Commission 

APPLICATION OF LENOIR MOTOR COACH COMPANY FOR AUTHORITY 
TO TRANSPORT PASSENGERS FROM WARRIOR TO PATTERSON ON 
HIGHWAY 321 AND 321-A; FROM INTERSECTION AT WHITNEL TO 
PATTERSON ON HIGHWAY 321-A; EXTENSION FORM JOHNS RIVER 
ON CONNELLY SPRINGS ROAD VIA RUTHERFORD COLLEGE, A DIS- 
TANCE OF 3 MILES, OVER UNNUMBERED COUNTY ROAD TO HIGH- 
WAY NO. 70; FROM HIGHWAY NO. 70 TO VALDESE, A DISTANCE OF 
APPROXIMATELY VA MILES; EXTENSION FROM CLARKS CHAPEL 
OVER UNNUMBERED HIGHWAY THROUGH BY AIRPORT AND AN- 
TIOCH CHURCH TO DREXEL, A DISTANCE OF APPROXIMATELY ^ 
MILES; OVER UNNUMBERED HIGHWAY LEADING FROM HIGHWAY 
NO. 321, NEAR GRANITE FALLS, THROUGH BY STUBBS FARM AND 
DRY PONDS TO CONNELLY SPRINGS ROAD, A DISTANCE OF AP- 
PROXIMATELY 4 MILES; FROM WHITNEL TO GRANITE FALLS ON 
HIGHWAY NO. 321; EXTENSION FROM DUDLEY SHOALS TO GRANITE 
FALLS FROM GRANITE FALLS THROUGH BY MILL VILLAGE TO 
GRACE CHAPEL A DISTANCE OF 3 MILES; THENCE FROM GRACE 
CHAPEL TO DUDLEY SHOALS ROAD, A DISTANCE OF 2 MILES OVER 
UNNUMBERED HIGHWAY; FROM GRANITE FALLS TO RHODHISS; 
THENCE OVER UNNUMBERED HIGHWAY ,A DISTANCE OF APPROX- 
IMATELY 7 MILES, TO HIGHWAY NO. 70; OVER HIGHWAY NO. 70, A 
DISTANCE OF APPROXIMATELY 2^ MILES, INTO BUS TERMINAL 
IN HICKORY. 

Amended Order 

The original Order in this Docket was signed on the 8th day of July, 1946. In 
preparing the Order Route No. 4 was omitted through inadvertence. On the second 
page of the original Order after Route No. 3 the following should have appeared: 

"4. From Clarks Chapel over an unnumbered highway to Antioch Church 
via the Airport." 
It Is, Therefore, Ordered, That the Order in this Docket signed on the 8th 
day of July, 1946, be, and the same is, hereby amended by inserting after Route No. 
3 on the second page of the said Order the following: 

"4. From Clarks Chapel over an unnumbered highway to Antioch Church 
via the Airport." 

This 18th day of July, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3426. 

AGREEMENT BETWEEN QUEEN CITY COACH COMPANY AND H. D. 
McLEAN, AN INDIVIDUAL d/b/a LENOIR MOTOR COACH COMPANY. 

Order 

The parties above named having entered into a Supplemental Agreement dated 

the 23rd day of April, 1946, to the Agreement entered into between the parties dated 

October 2, 1942, a copy of which, purporting to have been duly executed, has been 

filed with the Commission for its approval in this Docket, to which said agreement 



Decisions and Adjustments of Complaints 339 

reference is hereby made; and upon consideration thereof the Commission being of 
the opinion that the same is lawful and in the public interest; 

It Is, Therefore, Ordered : 

1. That said Supplemental Agre ment be, and the same is hereby, approved for 
the purpose therein expressed, subject to the right of the Commission to exercise in 
its discretion all the powers and duties now or hereafter conferred upon it by law 
with respect to the subject matter thereof, notwithstanding said Agreement. 

2. That this Order be attached to and filed with the aforesaid copy of said Agree- 
ment and a copy thereof mailed or delivered to each of the parties thereto. 

This 14th day of August, 1946. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3426. 

APPLICATION FOR APPROVAL OF SALE AND TRANSFER OF OPERAT- 
ING RIGHTS OF H. D. McLEaN, t/a LENOIR MOTOR COACH COM- 
PANY, TO LENOIR MOTOR COACH COMPANY, INC. 

Order 

It appears from the petition in this cause and from the records of the Commission 
that H. D. McLean, t/a Lenoir Motor Coach Company, holds certain motor vehicle 
franchise rights to transport passengers in and around Lenoir, North Carolina, which 
fiaid franchise rights are particularly described in Franchise Certificate No. 475, to- 
gether with certain operating agreements by which said petitioner is permitted to 
operate over the franchise routes of Atlantic Greyhound Corporation and Queen City 
Coach Company, under the terms and conditions set out in said agreements, and it 
further appears that H, D. McLean and associates have formed a corporation under 
the laws of the State of North Carolina under the name of Lenoir Motor Coach Com- 
pany, Inc., with its principal office in the Town of Lenoir, North Carolina, the purpose 
of said corporation being to take over and operate the transportation business now 
owned and operated by H. D. McLean, t/a Lenoir Motor Coach Company, and said 
H. D. McLean and the said corporation join in a petition to the Commission for ap- 
proval of said sale and transfer to said corporation. 

Upon consideration of the matters presented, the Commission is of the opinion that 
the proposed sale and transfer of the operating rights of H. D. McLean, t/a Lenoir 
Motor Coach Company, to Lenoir Motor Coach Company, Inc., is not inconsistent 
■with the public interest and should be approved. 

It Is, Therefore, Ordered : 

1. That the sale and transfer by H. D. McLean, t/a Lenoir Motor Coach Com- 
pany, of all his interests, rights, and privileges under Franchise Certificate 
No. 475 to Lenoir Motor Coach Company, Inc., of Lenoir, be, and the same is 
hereby, approved. 

2. That Franchise Certificate No. 475 in the name of H. D. McLean, t/a Lenoir 
Motor Coach Company, be surrendered to the Commission for cancellation 
and that a certificate in lieu thereof, describing and granting the same rights, 
be issued to Lenoir Motor Coach Company, Inc., said certificate to be issued 
upon compUance by said corporation with the rules and regulations of the 



340 N. C. Utilities Commission 

Commission with respect to the publication of its tariff, filing equipment 
specifications with the Commission, together with insurance covering the 
same as required by law. 
3. That the transfer of the lease agreements now existing between H. D. McLean, 
t/a Lenoir Motor Coach Company as lessee and the Atlantic Greyhound 
Corporation and Queen City Coach Company as lessors be, and the same are 
hereby, approved, subject to the written consent of the said lessors to such 
transfer. 
This 2nd day of May, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3605. 

LEASE AGREEMENT BETWEEN W. W. SMITH, AS LESSOR, AND LENOIR 
MOTOR COACH COMPANY, INC., AS LESSEE, RELATING TO OPERA- 
TION BETWEEN RHODHISS AND GRANITE FALLS. 

Order 
The above-named parties, having entered into an agreement, a duly executed 
copy of which has been filed with the Commission, the same being identified by the 
above docket number, to which said agreement reference is hereby made; and upon 
consideration thereof, the Commission being of the opinion that the same is lawful 
and in the public interest, it is ordered: 

(1) That said agreement be, and the same is, hereby approved for the purpose 
therein expressed, subject to the right of the Commission to exercise in its 
discretion all the powers and duties now or hereinafter conferred upon it by 
law with respect to the subject matter thereof, notwithstanding said agreement. 

(2) That this order be attached to and filed with the aforesaid copy of said agree- 
ment, and a copy of this order mailed to each of the parties thereto. 

By order of the N. C. Utilities Commission. 
This the 8th day of May, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3618. 

APPLICATION OF J. R. LEWIS, d/b/a LINCOLNTON BUS COMPANY, FOR 
THE TRANSPORTATION OF PASSENGERS AND THEIR BAGGAGE, 
NEWSPAPERS, EXPRESS, AND MAIL IN THE SAME VEHICLE WITH 
PASSENGERS BETWEEN CHERRYVILLE AND STANLEY. 

Order Dismissing Application 
In a letter of December 2 from Mr. T. A. Uzzell, Jr., Attorney for the applicant, 
it was requested that since the Burke Transit Company and other carriers interested 



Decisions and Adjustments of Complaints 341 

in the Gastonia-Cherryville route had withdrawn their applications for franchises, 
the above-captioned application also be dismissed by the Commission. 

It Is Now Therefore Ordered, that the application in the above matter be 
dismissed. 
By Order of the Commission. 
This 6th day of December, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Charles Z. Flack, Chief Clerk. 
Docket No. 3767. 

APPLICATION OF M. P. LIPE, t/a LIFE MOTOR LINES, HICKORY, NORTH 
CAROLINA, TO TRANSPORT FREIGHT OVER THE FOLLOWING HIGH- 
WAYS AND BETWEEN THE FOLLOWING POINTS: ROUTE NO. 1. 
FROM CANTON, N. C, TO MEBANE, N. C, SERVICING ALL INTER- 
MEDIATE POINTS, OVER HIGHWAYS 19 AND 23 TO ASHEVILLE, 
N. C; THENCE TO MEBANE, N. C, OVER U. S. HIGHWAY NO. 70. OFF 
ROUTE FROM MEBANE, N. C, OVER N. C. HIGHWAY 119 TO SWEP- 
SONVILLE, N. C, AND SAXAPAHAW, N. C, FROM SAXAPAHAW, N. C, 
OVER N. C. HIGHWAY 87 TO ALTAMAHAW, N. C, AND INTERMEDI- 
ATE POINTS. ALTERNATE ROUTE FROM INTERSECTION OF U. S. 
HIGHWAY 70 AND N. C. HIGHWAY 100 TO GIBSONVILLE, N. C, ELON 
COLLEGE, GLEN RAVEN, AND BURLINGTON. OFF ROUTE FROM 
INTERSECTION OF U. S. HIGHWAY 70 AND N. C. HIGHWAY 114 TO 
DREXEL, N. C. ROUTE NO. 'J. FROM CONOVER, N. C, TO SALISBURY, 
N. C, BY WAY OF GASTONIA AND CHARLOTTE, OVER U. S. HIGHWAYS 
321, 74, 29, AND 29-A, SERVICING ALL INTERMEDIATE POINTS. AL- 
TERNATE ROUTE FROM GASTONIA TO BELMONT OVER N. C. HIGH- 
WAY 7, SERVICING ALL INTERMEDIATE POINTS, OVER N. C. HIGH- 
WAY 273 FROM BELMONT ,N. C, TO CHARLOTTE, N. C, SERVICING 
ALL INTERMEDIATE POINTS. ALTERNATE ROUTE OVER N. C. 
HIGHWAY 150 FROM LINCOLNTON TO CHERRYVILLE, AND THENCE 
OVER N. C. HIGHWAY 274 TO BESSEMER CITY AND THENCE OVER 
U. S. HIGHWAY 74 TO GASTONIA. ROUTE NO. 3. FROM HICKORY 
N. C, TO HENDERSONVILLE, SERVICING ALL INTERMEDIATE 
POINTS, OVER N. C. HIGHWAY 127, 10, AND 18 TO SHELBY; THENCE 
OVER U. S. HIGHWAY 74 TO RUTHERFORDTON, N. C; THENCE OVER 
N. C. HIGHWAY 108 TO TRYON, AND THENCE OVER U. S. HIGHWAY 
74 TO HENDERSONVILLE. OFF ROUTES OVER N. C. HIGHWAY 180 
FROM FALLSTON TO LAWNDALE, AND OVER N. C. HIGHWAY 120 
FROM U. S. HIGHWAY 74 TO CLIFFSIDE, N. C, HENRIETTA, N. C, 
AND INTERMEDIATE POINTS TO FOREST CITY, N. C. ROUTE NO, 4. 
FROM HICKORY, N. C, TO LENOIR, N. C, AND INTERMEDIATE 



342 N. C. Utilities Commission 

POINTS OVER U. S. HIGHWAY 321, WITH OFF ROUTE TO RHODHISS, 
N. C, OVER A COUNTRY ROAD. 

Order 
Appearances: Applicant: 

S. J. Erwin, Morganton, N. C; J. W. Aiken, Hickory, N. C; 
J. L. Murphy, Hickory, N. C. 

Protestants: 

I. M. Bailey, Raleigh, N. C, for Fredrickson Motor Express, 
Smith's Transfer, Helms Motor Express, Miller Motor Ex- 
press, Thurston Motor Lines, and Carolina Transportation 
Company. 

W. S. Blakeney, Charlotte, N. C, for Great Southern Trucking 
Company. 

R. M. Setzer, Hickory, N. C, for Carohna and Northwestern 
Railway Company. 

R. A. WarUck, Lawndale, N. C, for Lawndale Railway and 
Industrial Company, 

G. C. Potter, Charlotte, N. C, for Southern Railway Company. 

Hunter, Commissioner: This is an application for Franchise rights to transport 
general commodities to and from all points shown on the several routes described in 
the caption. The apphcation was filed on August 8, 1944, and was called for hearing 
on November 28, 1944, at Hickory. The hearing continued through six days at 
Hickory and one day at Raleigh; and during the course of the hearing 69 witnesses 
were examined, 48 for the appUcant and 21 for protestants. After receipt of the 
transcript of the testimony, counsel for the parties argued their respective contentions 
before the full Commission in Raleigh on May 25, 1945. 

Testimony of Applicant 

The applicant testified in substance that he is sixty years of age, lives in Hickory, 
and has been engaged in truck transportation since 1933, and is now regularly serving 
approximately 100 textile plants in the area described and now owns and operates 
some 40 pieces of equipment, including 14 tractors, 14 trailers, and 16 to 17 straight 
trucks, of which 8 to 10 are used in interstate service; that he maintains warehouses 
or terminal faciUties at Asheville, Hickory, and Charlotte and has offices or call 
stations at Morganton, Lincolnton, Cherryville, Belmont, Mount Holly, High Point, 
and BurUngton; that he has from 42 to 43 regular drivers, about 10 other regular 
employees, and has sufficient capital and credit to operate and maintain the proposed 
service. 

He further testified that he transported 14,000,000 pounds of freight in 1943, 
12,000,000 in 1942, 7,000,000 in 1941, 5,000,000 in 1940, and from 3,000,000 to 4,000,- 
000 pounds each year prior thereto back to the beginning of his operations in 1933; 
that about 80 per cent of his freight originates on the routes involved and about 95 
per cent is delivered on said routes. He testified that he hauls a wide variety of com- 
modities and named some fifty different commodities which he transported during 
1943 but did not give the tonnage of the different commodities named or the points 
between which they moved. 

The Applicant made his freight bills available for inspection and compiled certain 
data from said bills from 1943 back through 1940, which appears to show only the 
larger movements of certain commodities for certain shippers. This dpta, condensed 
and leaving out shipments to or from points not on the proposed routes, tends to show 



Decisions and Adjustments of Complaints 343 

that during 1943 the applicant transported 5,100,355 pounds of textile products be- 
tween various textile miUs on the proposed routes and 115,681 pounds of Standard 
Oil Company products and that during 1942 he transported 3,968,159 pounds of 
textile products, 278,066 pounds of merchandise from the Western Auto Supply- 
Company of Greensboro, 42,356 pounds consisting of tires, shoes, and batteries from 
the Goodyear Tire and Rubber Company of Charlotte, 49,091 pounds of Standard 
Oil Company products from Greensboro, and other shipments of Standard Oil 
Company products out of Charlotte and Hickory. The tonnage of said products out 
of Hickory and Charlotte to points on the proposed route was not given. 

The applicant further testified that he is now operating from one to five trucks daily 
between Hickory and Mebane, serving the off-route points in the Burlington area 
named in the application, and that he operates five days a week between Hickory and 
Asheville, from one to three trips a week between Asheville and Canton, from two to 
three trips daily between Conover and Salisbury via Gastonia and Charlotte, from 
three to four trips a week between Gastonia and Belmont, from five to six trips a 
week between Belmont and Mount Holly, from three to four trips a week between 
Lincolnton and Gastonia via Cherryville and Bessemer City, from two to three trips 
a week between Hickory and Henderson ville via Fallston, Shelby, Forest City, 
Rutherfordton, and Tryon, serving Cliffside as an off-route point, and from four to 
five trips a week between Hickory and Lenoir via Granite Falls, all of which said 
operations have been conducted for a number of years. 

The applicant also testified that his rates are these approved and published in the 
North Carolina Intrastate Tariff; that his trucks carry IS tags issued by the State 
Department of Revenue and that he pays to the State 6 per cent of his gross revenue; 
that he does not now and has not held an intrastate franchise certificate. 

Supporting Testimony for Applicant 

Twenty-eight witnesses engaged in the textile industry and from approximately 
fifteen of the leading textile centers from Marion to Burlington testified that they 
are using the applicant's transportation service and that it is prompt, speedy, satis- 
factory, and greatly needed, that under present conditions they operate with small 
inventories and that the applicant meets their needs by making his service available 
on short notice and transports materials from one mill to another without interchange 
and usually overnight. A number of these witnesses expressed a decided preference 
for the transportation service of the appUcant and stated that the textile industry in 
the area involved would be greatly inconvenienced without it. 

The testimony of six witnesses, including two bankers, related to the character cf 
the applicant's service and particularly to his credit and the value of his property 
and operating equipment. They testified to the general effect that his credit is ample 
for his needs and that he has a net worth of approximately $60,000. 

The remaining thirteen witnesses are connected with business firms in the Hickory 
area. These include a large general store at Toluca, two Western Auto stores, one at 
Hickory and the other at Granite Falls, a large wholesale grocery company at Hickory 
and a branch of the Standard Oil Company at Hickory. It appears that all these 
firms use the transportation facilities of the applicant, some for incoming and some 
for outgoing shipments, and that the service is satisfactory. 

Testimony for Protestants 

The protestants offered witnesses from mercantile establishments and manufac- 
turers located at Charlotte, Belmont, Gastonia, Shelby, Hickory, Marion, and Ashe- 
ville, whose testimony was to the effect that they use the service of one or more of the 



344 N. C. Utilities Commission 

protestants and that said services are satisfactory. Officials and employees of the 
protesting carriers offered evidence tending to show that public convenience and 
necessity do not warrant the proposed service, that such service is not needed and will 
adversely affect existing franchise carriers operating over said routes. The testimony 
as well as the records ot the Commission shows that the proposed routes will duplicate 
the franchise routes of existing carriers as follows: CaroUna Transportation Company, 
Certificate No. 555, now under lease to and being operated by Thurston Motor Lines, 
Inc., from Mebane to High Point over Highway 70; Colonial Motor Freight Lines, 
Certificate No. 463, from Mebane to Charlotte over Highways 70 and 29; Fredrickson 
Motor Express Corporation, Certificate No. 70, from Greensboro to Gastonia over 
Highway 29, from Gastonia to Hickory via Bessemer City, Cherryville, and Lincoln- 
tion, from Shelby to Rutherfordton over Highway 74, and from Salisbury to Ashe- 
ville over Highway 70; Great Southern Trucking Company, Certificate No. 462, 
from Greensboro to Gastonia over Highway 29 and from Shelby to Rutherfordton 
over Highway 74; Smith's Transfer Corporation, Certificate No. 142, from States- 
ville to Asheville over Highway 70, thence to Canton over Highways 19 and 23 and 
from Hickory to Lenoir over Highway 321. 

Protestants further offered testimony tending to show that they have large invest- 
ments in terminals and equipment and that they have trucks available and operate 
sufficient schedules over the routes involved to meet all reasonable demands for serv- 
ice, that their operating costs are increasing and their returns decreasing to the extent 
that some are losing money and none of them are making a fair return on their invest- 
ments. 

Traffic managers for protestants made an audit of 448 freight bills of the applicant 
and testified that the audit showed 272 of the 448 bills audited were incorrectly rated, 
resulting in either overcharges or undercharges. Evidence was also offered to the 
effect that certain shipments were rated as fourth class which contained articles 
properly belonging to other classes of freight. 

At the beginning of the hearing protestants objected to all testimony relating to 
past operations of the applicant on the grounds that such operations were unauthor- 
ized and unlawful. It was understood that this objection would be considered as 
having been made in apt time as to all proffered testimony relating to past operations 
by the applicant. 

Conclusions 

So much of the testimony related to operations of the applicant from 1933 to the 
time of the hearing which were unauthorized and unlawful that the controversy over 
the admissibility of such testimony, its effect upon the status of the applicant, and 
for what purpose it should be received if admissible should be decided. 

Whether illegal operations disqualify an applicant when he applies for operating 
rights over the same routes is a matter on which commissions differ. This Commis- 
sion in apphcations of E. O. Woodie and Queen City Coach Company, 1935-1936 
Report 133, pointed out that operations without a franchise certificate violate the 
provisions of C. S. 2613 (1), G. S. 62-105, and when willfully conducted is a mis- 
demeanor, C. S. 6213 (y), G. S. 62-118. It is also provided in G. S. 62-105 "That in 
passing upon applications for certificates, the Commission may take into considera- 
tion the reliability of the applicant, his court record, and any other matters tending 
to qualify or disquaUfy him as a carrier." 

The above seems to leave an applicant's court record, if any, and his infractions of 
the law, if any, as matters to be considered by the Commission but not necessarily 
a disqualification. Until we receive more fight from the Legislature or from the 
courts, it seems to be the better practice to admit testimony of past or present un- 



Decisions and Adjustments of Complaints 345 

authorized and unlawful operations of an applicant, not as tending to establish any 
claim to prescriptive operating rights over routes or in the territories involved but 
(1) as tending to show his qualifications, his knowledge of the business, his ability 
and disposition to keep necessary records, his operating practices, his respect or 
want of respect for constituent legal authority, and his abiUty to perform under 
regulations and (2) as giving rise to a presumption that public convenience and ne- 
cessity require the continuance of the service, consideration being given to the length 
of continuous service and the extent to which practices not permitted by certificated 
carriers contributed to the life and success of the operation. This view seems to be in 
accordance with the decisions of the Interstate Commerce Commission from which 
we quote the following excerpts : 

The Employers Group of Motor Freight Carriers, Inc., challenges applicant's 
fitness on the ground that it has performed express services by motor vehicle 
between Providence and West Warwick since March 20, 1939, without firs^ 
obtaining appropriate authority from us, and that, as a consequence of such 
unauthorized operation, it is unfit to receive the authority sought. Assuming 
that action against appUcant should be taken in an appropriate proceeding foif 
its unauthorized operation, it does not follow that the public should be deprived 
of service which the evidence shows public convenience and necessity require. 
We have repeatedly found that the fact that an applicant may have violated 
the act is not an absolute bar to the grant of a certificate or permit. In Re: 
Railway Express Agency 31 N.C.C. 332, at 335. 

Upon applicant's own evidence, it appears that such operations as it has con^- 
ducted from or to points in South Carolina since December 1, 1936, have been 
unauthorized and not in accordance with the provisions of the act. . . . This cir- 
cumstance must be given consideration in determining the weight which can be 
given to such evidence. Gate City Transport Co. 16 M.C.C. 603. 

No proper application having been filed for authority to conduct this operation 
until the present appHcation was filed, it appears that such operation was con- 
ducted from January 1, 1936, to September 6, 1938, without authority therefor 
having been obtained from the Commission. The evidence of such operation 
which was introduced for the purpose of proving a demand for the service shown 
thereby, must be considered in the light of the facts in regard to the legality or 
illegality of the operation which made it possible to produce such evidence. 
Huckabee Extension 18 M.C.C. 211, at 212. 

The testimony leaves no question as to the public demand and need for the pro- 
posed service in the transportation of textile goods and supplies. It appears that 
the applicant has rendered a very fine service and a much needed service in the trans- 
portation of said commodities and continuously since 1933. This service has been 
highly satisfactory to the textile industry and the continuation of said service as a 
franchise carrier has the strong support of textile mill operators on the proposed 
routes east of Asheville . 

The testimony with respect to public convenience and necessity for the transporta- 
tion of general commodities or other specified commodities is not so convincing. 
For example, on the basis of shipments handled by the applicant east of Greensboro 
subsequent to 1941, the only commodities that can be identified from the record 
other than textile supplies are Standard Oil Company products out of Greensboro 
with a total of 37,103 pounds, of which 36,811 pounds moved to BurUngton, 203 
pounds to Mebane, and 89 pounds to Graham. The only shipments during the same 



346 N. C. Utilities Commission 

period that can be identified as having moved west of Asheville to points on the pro- 
posed route are 158 pounds of Standard Oil Company products to Canton. The 
shipments made by the applicant in the Piedmont Area were larger and more frequent 
but consisted mostly of shipments from the area between Greensboro and Charlotte 
to the Hickory area, and this movement does not appear to be sufficient in volume or 
in sufficient demand in addition to existing service to justify general commodity 
rights to, from, and between so many points on the proposed routes with respect to 
which there is no testimony. It may be difficult under present traffic conditions to 
show that the shipping public in the principal centers of population between BurHng- 
ton and Asheville want and need additional truck transportation service, but we 
must keep within reasonable bounds of the record and consider the testimony pre- 
sented for and against the application. 

The General Assembly at its 1945 Session adopted a resolution, H. R. No. 912, 
which, among other things, expressed the view, if not a mandate to the UtiUties 
Commission, that non-frpnchise motor freight carriers then operating should be per- 
mitted to continue such service as they had been rendering during the war emergency 
without franchise certificates under such rules and regulations as the Commission 
finds necessary to meet the emergency and preserve the services and rights of the 
existing carriers, pending a study of our truck transportation needs and a report 
thereon for consideration at the 1947 Session of the General Assembly. In view of 
this resolution, the Commission is of the opinion that the applicant should be per- 
mitted to continue such service as he has rendered during the war emergency until 
further advised after the convening of the 1947 Session of the General Assembly, 
upon compUance with the Commission's order in Docket No. 3296 with respect to 
such operations. 

It Is, Therefore, Ordered: 

1. That M. P. Lipe, t/a Lipe Motor Lines, of Hickory, North CaroUna, be, and 
he is hereby, granted motor vehicle franchise rights to transport textile goods and 
suppUes over the routes and between the points shown in the caption, with the excep- 
tion of that part of Route No. 1 between Asheville and Canton, and that a franchise 
certificate be issued accordingly upon compliance with the rules and regulations of 
the Commission with respect to filing a description of the equipment to be used and 
insurance covering same. 

2. That said application in all other respects be denied, but this order shall not be 
<ionstrued as denying the applicant the privilege of continuing to perform such service 
as he has regularly performed during the war emergency until the convening of the 
1947 Session of the General Assembly, provided that monthly reports of such opera- 
tions are hereafter filed with the Commission as required in its order in Docket No. 
3296. 



This the 20th day of June, 1945. 



Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3151. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 



Decisions and Adjustments op Complaints 347 

APPLICATION FOR AUTHORITY FOR L. J. N. TRUCKING COMPANY, 
INC., TO SELL TO CECIL KILBY, d/b/a KILBY'S MOTOR EXPRESS, ITS 
OPERATING RIGHTS OR FRANCHISE NO. 482 FROM NORTH WILKES- 
BORO VIA N. C. 421 TO BOONE, AND FROM BOONE VIA N. C. 221 TO 
WEST JEFFERSON, AND FROM WEST JEFFERSON VIA N. C. 221 TO 
JEFFERSON, AND FROM JEFFERSON VIA N. C. 16 BACK TO NORTH 
WILKESBORO. 

Order Approving Sale 
Johnson, Commissioner: 

Whereas, L. J. N. Trucking Company, Inc., is owner and holder of Motor Vehicle 
Franchise Certificate No. 482 issued by the Utilities Commission, has applied to the 
Commission for authority to sell and transfer all title, right and interest under said 
Certificate to Cecil Kilby, d/b/a Kilby's Motor Express, and formal application for 
such sale and transfer signed by both parties having been filed with the Commission; 
And Whereas, the Commission is of the opinion and finds that said sale and trans- 
fer is not against public interests in that the said purchaser is a man experienced in 
the operation of freight franchises and has the ability and ample resources to perform 
the required service in a satisfactory manner; 

It Is, Therefore, Ordered: 

1. That the proposed sale and transfer by L. J. N. Trucking Company, Inc., of 
all its right, title and interest in Motor Vehicle Franchise Certificate No. 482, to 
Cecil Kilby, d/b/a Kilby's Motor Express, be and the same is hereby authorized and 
approved, upon condition that the said seller and purchaser, jointly and severally, 
be and remain liable for payment of all taxes due the State of North Carolina other 
than income taxes, all sums due shippers and other carriers for C. O. D. shipments 
handled, all sums due other carriers on interhne accounts, and all lawful claims aris- 
ing out of past operations by the seller under said Certificate. 

2. That upon written notice to the Commission by both parties hereto that said 
sale and transfer has been consummated, the seller's Franchise Certificate No. 482 
be cancelled and in lieu thereof a franchise certificate covering the same highways 
and granting the same rights be issued to the said purchaser upon compliance with 
the rules of the Commission with respect to filing equipment specifications, property 
damage and pubhc liability insurance. 



This 18th day of December, 1944. 



Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3224. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner, 



348 N. C. Utilities Commission 

APPLICATION OF J. L. LORBACHER, 112 S. MAPLE ST., DURHAM, 
NORTH CAROLINA, FOR FRANCHISE CERTIFICATE TO TRANSPORT 
BRICK, FERTILIZER, LUMBER AND OTHER HEAVl" COMMODITIES 
BETWEEN ALL INTRASTATE POINTS. 

Order 

Before Commissioners Hunter and Johnson. 

Appearances: 
For Applicant: Harvey Harward, Durham, N. C. 

For Protestants: I. M. Bailey, Raleigh, N. C, for Smith, Fredrickson, Miller, 
Helms, Thurston, and Carolina Transportation Company. 
R. N. Simms, Raleigh, N. C, for Norfolk Southern Railway 
Company. 
Johnson, Commissioner: 

This cause coming on to be heard before Commissioners Hunter and Johnson on 
the 12th day of October, 1944, at the Court Room of the Utilities Commission in 
Raleigh, N. C. 

The applicant, J. L, Lorbacher, seeks a franchise certificate to transport brick, 
fertiUzer and lumber and other heavy commodities between all intrastate points. 
Upon motion of attorney for the applicant, the applicant agrees to limit the applica- 
tion both under the description and under the term "other heavy commodities" to 
the following: Lumber and other building and wooden materials, clay products 
including brick and tile, cement, and tin and other roofing materials, fertilizer and 
fertilizer materials, machinery, scrap metal, shoes and clothing (second hand), 
tobacco, unmanufactured cotton in bales and cotton seed and cotton seed oil, feed and 
hay, all of the above commodities in truck load lots. 

The evidence clearly establishes that the applicant has been transporting the com- 
modities set forth above for several years; that about eighty per cent (80%) of his 
operations have originated or terminated in Durham or Durham County. However, 
where a load is offered to him on a return trip the destinations in some instances are 
points other than in Durham County. In granting this franchise it is not the inten- 
tion of the Commission to give the applicant authority to expand his business to the 
extent that he would go out soHciting business all over the State. However, it is 
the intention of the Commission to grant the applicant authority to transport the 
commodities enumerated above originating in Durham County to all points in the 
State and to accept for transportation those articles enumerated above on return 
trips, not only destined to Durham County but to other points within the State. 
It further appears from the evidence that a few enterprises in and around Durham 
have given the applicant practically all of the business that he has heretofore enjoyed. 
In case one of the applicant's Durham customers offers to him for transportation 
some of the commodities enumerated above which do not originate or terminate in 
Durham, then it is the intention of this Commission to give him authority to trans- 
port said commodities to any points within the State. 

Convenience and necessity having been found from the evidence offered for the 
operation as limited herein; 

It Is, Therefore, Ordered, That upon proper compUance with the rules and 
regulations of this Commission franchise certificate be issued to J. L. Lorbacher for 
the operation of motor vehicles for the transportation of lumber and other building 
and wooden materials, clay products including brick and tile, cement, and tin and 
other roofing materials, fertilizer and fertilizer materials, machinery, scrap metal, 



Decisions and Adjustments of Complaints 349 

shoes and clothing (second hand), tobacco, unmanufactured cotton in bales and cot- 
ton seed and cotton seed oil, feed and hay, all to be transported only in truck load 
lots, between all intrastate points, subject to the conditions set out in the preceding 
paragraph. 

This 17th day of October, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest: 

R. O. Self, Chief Clerk. 

Docket No. 3118. 

APPLICATION OF JACK D. LOWE, LAWNDALE, NORTH CAROLINA, FOR 
FRANCHISE TO TRANSPORT PASSENGERS BETWEEN STANLEY AND 
GASTONIA OVER N. C. 275 AND U. S. 321 VIA DALLAS. 

Order 

The application herein has been withdrawn at the request of the applicant and the 
cause ordered dismissed. 

By order of the Commission. 

This the 11th day of December, 1946. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 
Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3759 

APPLICATION OF LUMBERTON COACH COMPANY FOR FRANCHISE 
CERTIFICATE TO TRANSPORT PASSENGERS FROM LUMBERTON, 
N. C, TO WHITE LAKE VIA DUBLIN AND ELIZABETHTOWN OVER 
N. C. HIGHWAY 41 AND RETURN, WITH ALTERNATE RETURN ROUTE 
FROM DUBLIN TO LUMBERTON VIA BLADENBORO OVER N. C. HIGH- 
WAYS NOS. 410 AND 211. 

Order 

Before Commissioners Hunter and Johnson. 

Appearances: For AppUcant: 

Henry A. McKinnon, Lumberton, N. C. 

For Protestants: 

J. Wilbur Bunn, Raleigh, N. C, for Queen City Coach Com- 
pany 
Dink James, Greenville, N. C, for Ricks Bus Line. 

This cause coming on to be heard before the North Carolina Utilities Commission 
in the City of Raleigh on the 15th day of March, 1945, the Applicant, Lumberton 
Coach Company, having applied for franchise certificate over certain routes over 
which Ricks Bus Line and Queen City Coach Company now hold franchises. 

The Queen City Coach Company appeared as protestant but withdrew its pro- 
test upon the condition that the Applicant restrict its application to that portion of 
the route applied for from Lumberton to Dublin over N. C. Highways 41 and 87 



350 N. C. Utilities Commission 

and from Dublin to Bladenboro over N. C. Highway 410, and that the Applicant 
consent to restriction of its franchise for the duration of the present war and for six 
months after its termination, to which the Applicant agreed. 

The Commission finds that convenience and necessity having been shown; 
It Is, Therefore, Ordered, That the Lumberton Coach Company, Lumberton, 
N. C, be granted a franchise to transport passengers from Lumberton to Dublin 
over N. C. Highways 41 and 87, and from Dublin to Bladenboro over N. C, 410 for 
the duration of the present war and six months thereafter; and that all other parts 
of the application are hereby denied; that certificate be issued when the Applicant 
has complied with all the rules and regulations of this Commission. 
This 22nd day of May, 1945. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R, G. Johnson, Commissioner. 
Attest: 

Charles Z. Flack, Chief Clerk. 

Docket No. 3238. 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION IN THE 
MATTER OF APPLICATION OF QUEEN CITY COACH COMPANY AND 
LUMBERTON COACH COMPANY FOR APPROVAL OF A LEASE AGREE- 
MENT. 

Order 

Queen City Coach Company, as lessor, and Lumberton Coach Company, as lessee, 
entered into an agreement dated the 28th day of June, 1945, a copy of which has been 
filed with the Commission, which said agreement provides for the operation of cer- 
tain schedules by the said lessee over the franchise rights of the said lessor (1) be- 
tween Dublin, North Carolina, and Elizabethtown, North Carolina, over N. C. 
Highway No. 87 and (2) between Elizabethtown, North Carolina, and White Lake, 
North Carolina, over U. S. Highway No. 701 for the transportation of passengers, 
said agreement to terminate upon continuances therein mentioned, otherwise to 
remain in force and effect for the duration of the present war and six months there- 
after. 

Upon consideration of said agreement, the Commission is of the opinion that the 
same should be approved, subject to the continuing right of the Commission to act 
in the premises as the interest of the public may require, notwithstanding said agree- 
ment; and it is so ordered. 

This the 18th day of July, 1945. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner. 

Attest: 
Charles Z. Flack, Chief Clerk. 

Docket No. 3238. 

APPLICATION OF LUMBERTON COACH COMPANY, LUMBERTON, 
NORTH CAROLINA, FOR MOTOR VEHICLE FRANCHISE RIGHTS 
TO TRANSPORT PASSENGERS AND THEIR BAGGAGE FROM 
LUMBERTON, N. C. ON HIGHWAY NO. 301 FOR ABOUT 2 MILES, 
THENCE TURN EAST ON BARKER TEN MILE ROAD (A COUNTY 



Decisions and Adjustments op Complaints 351 

ROAD) GOING BY BARKER TEN MILE SCHOOL AND SETTLEMENT 
AND CONTINUING TO FOLLOW COUNTY ROAD THROUGH TOLARS- 
VILLE, THENCE TO HIGHWAY 87 NEAR PAGE'S LAKE, THENCE 
TAKING HIGHWAY 87 TO COUNTY PAVED ROAD TO PAGE'S LAKE, 
THENCE FROM PAGE'S LAKE THROUGH TOBEMORY BY COUNTY 
PAVED ROAD TO HIGHWAY NO. 20, THENCE OVER HIGHWAY NO. 
20 THROUGH ST. PAULS, THENCE THROUGH LUMBER BRIDGE VIA 
HIGHWAY NO. 20, THENCE TO RAEFORD VIA HIGHWAY NO. 20, 
THENCE THROUGH ANTIOCH VIA HIGHWAY NO. 211 TO RED 
SPRINGS, THENCE OVER HIGHWAY NO. 72 TO HIGHWAY NO. 74 NEAR 
LUMBERTON, AND RETURN TO LUMBERTON; FROM TABOR CITY, 
N. C. OVER HIGHWAY NO. 410 THROUGH CHADBOURN AND BLADEN- 
BORO TO DUBLIN, THENCE FROM DUBLIN OVER HIGHWAY NO. 87 
TO ELIZABETHTOWN, THENCE OVER HIGHWAY NO. 53 THROUGH 
WHITE OAK TO FAYETTEVILLE AND RETURN OVER SAME ROUTE; 
FROM FAIRMONT OVER HIGHWAY NO. 130 TO ROWLAND, THENCE 
OVER HIGHWAY NO. 501 TO LAURINBURG AND RETURN OVER 
SAME ROUTE. 

DOCKET NO. 3452— APPLICATION OF MR. A. A. WHITE, BLADENBORO, 
NORTH CAROLINA, FOR MOTOR VEHICLE FRANCHISE RIGHTS TO 
TRANSPORT PASSENGERS, BAGGAGE, MAIL AND LIGHT EXPRESS 
FROM TABOR CITY, N. C. OVER HIGHWAY NO. 701 FOR A DISTANCE 
OF ABOUT 2 MILES TO THE INTERSECTION OF N. C. STATE HIGH- 
WAY NO. 410, THENCE OVER N. C. STATE HIGHWAY 410 THROUGH 
CHADBOURN, N. C. TO BLADENBORO, N. C; THENCE OVER N. C. 
STATE HIGHWAY NO. 242 TO ITS JUNCTION WITH HIGHWAY NO. 701 
ABOUT 2 MILES SOUTH OF ELIZABETHTOWN, N. C; THENCE OVER 
HIGHWAY NO. 701 BY AGREEMENT WITH QUEEN CITY COACH 
COMPANY, CHARLOTTE, N. C, TO ELIZABETHTOWN AND ACROSS 
THE CAPE FEAR RIVER TO THE INTERSECTION OF N. C. HIGHWAY 
NO. 53 ABOUT ONE MILE NORTH OF ELIZABETHTOWN, N. C; THENCE 
OVER N. C. STATE HIGHWAY NO. 53 TO THE INTERSECTION OF N. C. 
STATE HIGHWAY NO. 24 NEAR FAYETTEVILLE, N. C, AND ON INTO 
THE CITY OF FAYETTEVILLE. 

Order 
Before Commissioner Hunter: 

Appearances: 

For Lumberton Coach Company: Mr. Henry A. McKinnon, Lumberton, N. C. 

For A. A. White: Mr. H. H. Clark, Elizabethtown, North Carolina. 

For Queen City Coach Company: Mr. L. B. Hollowell, Gastonia, N. C. 

Mr. J. W. Bunn, Raleigh, N. C. 

For C. E